Request for Proposal (RFP) No. 72029422R00002-AC.pdf

U.S. Agency for International Development (USAID Active Citizenry Activity RFP No. 72029422R00002 1

Request for Proposal (RFP) No.: 72029422R00002

Issue Date: April 11, 2022

Questions Due Date: April 20, 2022

Technical and Cost Proposals Submission Due Date: May 16, 2022, 16:30 Jerusalem Time

SUBJECT: Request for Proposals (RFP) RFP No.: 72029422R00002

USAID/West Bank and Gaza - Active Citizenry Activity

Dear Potential Offeror:

The United Agency for International Development (USAID) seeks proposals to provide technical assistance from qualified organizations to implement the Active Citizenry Activity, as described in enclosed Request for Proposal (RFP) and detailed in Section C- Statement of Work.

USAID/West Bank and Gaza (WBG) anticipates awarding one cost plus fixed-fee (CPFF) term-type contract as a result of this solicitation, for an estimated period of five (5) years from the date of contract award.

The North American Industry Classification System (NAICS) code for this acquisition is

541990 – All Other Professional, Scientific and Technical Services. The principal Geographic

Code is 937.

This procurement will be conducted utilizing competitive proposal procedures pursuant to FAR, Part 15. Offerors are encouraged to read the entire solicitation, which includes the closing date and time, all pertinent contract requirements, and the conditions and instructions required for submitting a proposal. Please pay particularly close attention to Sections L and M. Section K -

Representations, Certifications and Acknowledgements must be filled out in full by the Offerors and their proposed major subcontractors. Proposals must be signed by an official who is authorized to bind the organization and are to be submitted to USAID no later than the closing date and time stated above.

It is the responsibility of the recipient of this solicitation to ensure that the solicitation has been received from https://sam.gov in its entirety. USAID bears no responsibility for data errors resulting from download or conversion processes.

RFP No. 72029422R00002 2

Any questions regarding this solicitation must be submitted in writing via email to activecitizenry-gce@usaid.gov by the date and time specified above. Answers to

Offerors’ questions will be provided in writing via solicitation amendment.

Proposals must be submitted via email to activecitizenry-gce@usaid.gov. Only Electronic submissions will be accepted; no other forms of submission will be accepted. If your organization decides to submit a proposal in response to this solicitation, it must be submitted by the designated date and time indicated in Block 9 of the RFP Cover page

(Standard Form 331). Proposals received after the closing date and time will be processed as late and handled in accordance with FAR Part 15.208. Proposals submitted in response to this solicitation shall be valid for no less than 180 days.

Issuance of this solicitation and the submittal of a proposal do not constitute a commitment on the part of the U.S. Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

Furthermore, the U.S. Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the U.S. Government.

Thank you in advance for your interest in USAID’s business opportunities.

Sincerely, /S/

Daniel Harter

Contracting Officer

USAID West Bank and Gaza

1 Offeror must download the most recent version of the SF 33 on www.gsa.gov to prepare its offer.

mailto:wbgactivecitizenry-GCE@usaid.gov mailto:wbgactivecitizenry-GCE@usaid.gov

RFP No. 72029422R00002 3

STANDARD FORM (SF) 33

(2 Pages)

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RFP No. 72029422R00002 5

TABLE OF CONTENTS

PART I –THE SCHEDULE 12

SECTION B - SUPPLIES OR SERVICES/PRICES 12

B.1 PURPOSE 12

B.2 CONTRACT TYPE 12

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT 12

B.4 CONTRACT BUDGET SCHEDULE 12

B.5 COST REIMBURSABLE 13

B.6 INDIRECT COSTS (To be completed upon award) 13

B.7 LEVEL OF EFFORT (LOE) 15

B.8 FIXED FEE CEILING 15

B.9 PAYMENT OF FIXED FEE 15

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK 17

SECTION D – BRANDING AND MARKING 34

D.1 AIDAR 752.7009 MARKING (JAN 1993) 35

D.2 BRANDING AND MARKING POLICY 35

D.3 BRANDING STRATEGY 37

D.4 MARKING PLAN 39

D.5 APPROVAL OF CONTRACTOR BRANDING STRATEGY AND MARKING PLAN 40

SECTION E – INSPECTION AND ACCEPTANCE 41

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED 41

BY REFERENCE 41

E.2 INSPECTION AND ACCEPTANCE 41

SECTION F - DELIVERIES OR PERFORMANCE 42

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY 42

REFERENCE 42

F.2 PERIOD OF PERFORMANCE 42

F.3 PLACE OF PERFORMANCE 42

F.4 PERFORMANCE STANDARDS 42

F.5 KEY PERSONNEL 44

F.6 DELIVERABLES AND REQUIRED REPORTING 47

F.6.1 PLANS, REPORTS AND DELIVERABLES 48

F.6.2 REPORTING PRODUCTS AND TOOLS 54

F.6.3 SUMMARY OF PLANS, REPORTS AND OTHER DOCUMENTS 57

F.7 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEPTEMBER 2013) 60

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F.8 PROGRAM EVALUATIONS 62

F.9 AUTHORIZED WORKDAY / WEEK 62

SECTION G - CONTRACT ADMINISTRATION DATA 64

G.1 CONTRACTING OFFICER’S AUTHORITY 64

G.2 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 65

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 66

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 67

G.5 PAYING OFFICE AND INVOICES 68

G.6 ACCOUNTING AND APPROPRIATION DATA 69

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT 69

SECTION H – SPECIAL CONTRACT REQUIREMENTS 70

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 70

H.2 AUTHORIZED GEOGRAPHIC CODE 70

H.3 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 71

H.4 CONSENT TO SUBCONTRACTS 72

H.5 SPECIAL PROVISIONS 72

H.5.1 CHOICE OF LAW 72

H.5.2 USAID/WEST BANK AND GAZA MISSION NOTICES 72

H.5.3 SUB CONTRACTING WITH GOVERNMENT OR QUASI-GOVERNMENT

ENTITIES 72

H.5.4 VETTING 73

H.5.5 PROHIBITION AGAINST CASH ASSISTANCE TO THE PALESTINIAN

AUTHORITY 73

H.5.6 PROHIBITION AGAINST SUPPORT FOR TERRORISM 73

H.5.7 RESTRICTION ON FACILITY NAMES 75

H.5.8 VALUE ADDED TAX AND CUSTOMS DUTIES 76

H.5.9 REPORTING OF FOREIGN TAXES 77

H.5.10 USAID/WEST BANK AND GAZA MISSION ORDER 21 COMPLIANCE

REVIEWS 78

H.5.11 CAPITAL ASSISTANCE (611e REQUIREMENTS) 78

H.5.12 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION 79

H.5.13 USAID/WEST BANK AND GAZA AUDIT PROGRAM (ACA) 79

H.6 ENVIRONMENTAL COMPLIANCE 80

H.7 SCHEDULE AND COST DEVIATION 82

H.8 INTERNATIONAL TRAVEL APPROVAL 82

H.9 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014) 82

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H.10 BUSINESS CLASS TRAVEL 83

H. 11 SOVEREIGN RELATIONSHIPS 83

H.12 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007) 83

H.13 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 83

H.14 EMPLOYMENT COSTS OF THIRD COUNTRY NATIONALS (TCNs) AND

COOPERATING COUNTRY NATIONALS (CCNs) 86

H.15 GRANTS UNDER CONTRACT 87

H.16 PRESS AND PRESS RELATIONS 88

H. 17 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING 88

H. 18 U.S. CITIZENS REGISTRATION 88

H.19 STANDARDS OF CONDUCT – IMPROPER BUSINESS PRACTICES 89

H.20 CONTRACTOR’S USE OF PROJECT VEHICLES AND LIABILITY INSURANCE

REQUIREMENTS FOR PRIVATELY OWNED VEHICLES 90

H.21 LANGUAGE REQUIREMENTS 90

H.22 OWNERSHIP OF PROJECT DATA, REPORTS AND OTHER DOCUMENTS 90

H.23 USE OF GOVERNMENT FACILITIES 90

H.24 CONTRACTOR’S STAFF SUPPORT, ADMINISTRATIVE, AND LOGISTICS

ARRANGEMENTS 91

H.25 INSURANCE AND SERVICES 91

H.26 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 92

H.27 AIDAR 752.228-7 INSURANCE -- LIABILITY TO THIRD PERSONS 92

(JUL 1997) 92

H.28 AIDAR 728.305-70 OVERSEAS WORKER'S COMPENSATION AND WAR-HAZARD

INSURANCE - WAIVERS AND USAID INSURANCE COVERAGE 93

H.29 LOGISTICAL SUPPORT 94

H.30 DISCLOSURE OF INFORMATION 94

H.31 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION

TECHNOLOGY RESOURCES 95

H.32 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

(JAN 2002) 95

H.33 ELECTRONIC PAYMENTS SYSTEM 95

H.34 ADS 302.3.5.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCTOBER 2014) 96

H.35 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY

(DEVIATION NOS. M/OAA-DEV-FAR-20-3c AND M/OAA-DEV-AIDAR-20-3c)

(APRIL 2020) 98

H.36 CLOUD COMPUTING (APRIL 2018) 99

H.37 SEXUAL MISCONDUCT (DECEMBER 2020) 107

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H.38 RESTRICTIONS ADMINISTERED BY THE DEPARTMENT OF THE TREASURY ON

ACQUISITIONS OF SUPPLIES OR SERVICES FROM PROHIBITED SOURCES 107

H.39 SUBCONTRACTING PLAN AND THE SF 294 – SUBCONTRACTING REPORT FOR

INDIVIDUAL CONTRACTS AND SF 295 – SUMMARY CONTRACTING REPORT 108

H.40 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 108

H.41 PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT,OR

ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION-TRAFFICKING IN

PERSONS - ACQUISITION 110

H.42 ELECTRONIC AND INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (APRIL 2018) 110

H.43 Information Technology Approval (APRIL 2018) (DEVIATION NO. M/OAA-DEV-FAR-

20-3c) (APRIL 2020) 111

H.44 PRIVACY AND SECURITY INFORMATION TECHNOLOGY SYSTEMS INCIDENT

REPORTING (APRIL 2018) 113

H.45 SKILLS AND CERTIFICATION REQUIREMENTS FOR PRIVACY AND SECURITY

STAFF (APRIL 2018) 117

H.46 AIDAR 752.222-70 - USAID DISABILITY POLICY (DEC 2004) 118

H.47 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012) 118

H.48 CONFLICT OF INTEREST 119

H.49 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION #M/OAA-DEV-FAR-22-01c) 121

H.50 752.245-70 GOVERNMENT PROPERTY – USAID REPORTING REQUIREMENTS

(OCT 2017) 122

PART II- CONTRACT CLAUSES 125

SECTION I - CONTRACT CLAUSES 125

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 125

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES 126

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

I.3 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 132

I.4 52.204-19 INCORPORATION BY REFERENCE OF REFERENCES

AND CERTIFICATIONS (DEC 2014) 132

I.5 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPEMENT

(NOV 2021) 133

I.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) 136

(a) Definitions . As used in this clause- 137

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I.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020) 137

I.8 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB

2006) 138

I.9 AIDAR 752.7013 Contractor-MISSION RELATIONSHIPS (JUNE 2020) 138

PART III-LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 140

SECTION J – LIST OF ATTACHMENTS 140

PART IV- REPRESENTATIONS AND INSTRUCTIONS 145

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS 145

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) 146

K.3 52.204-8 Annual Representations and Certifications (JAN 2022). 147

K.4 52.204-20 Predecessor of Offeror (AUG 2020) 152

K.5 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 153

K.6 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

Representation (OCT 2020) 157

K.7 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) 157

K.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Oct 2018) 160

K.9 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

K.10 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020) 162

K.11 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

(FEB 1999) 162

K.12 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 163

K.13 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTEDCOMPUTER SOFTWARE (DEC 2007) 163

K.14 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN

2020) 164

K.15 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING 167

PRACTICE CHANGES (APR 2005) 167

K.16 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (DEVIATION NO. M/OAA-DEV-FAR-20-05c) (JUN 2020)

K.17 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 168

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K.18 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (OCT 2020) 168

K.19 AUTHORIZED NEGOTIATORS 169

K.20 SIGNATURE 170

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 171

L.1 FAR 52.252-1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE (FEB 1998) 171

L.2 52.216-1 TYPE OF CONTRACT (Apr 1984) 172

L.3 52.233-2 SERVICE OF PROTEST. (SEP 2006) 172

L.4 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (Apr 1984) 173

L.5 GENERAL INSTRUCTIONS TO OFFERORS 173

L.6 DELIVERY INSTRUCTIONS 175

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL VOLUME 178

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 187

L.8.1 GENERAL 187

L.8.2 MICROSOFT EXCEL BUDGET SPREADSHEET 188

L.8.3 BUDGET NARRATIVE 189

L.8.4 ADDITIONAL BUDGET INSTRUCTIONS 189

SECTION M – EVALUATION FACTORS FOR AWARD 202

M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 202

M.2 GENERAL INFORMATION 202

M.3 TECHNICAL EVALUATION CRITERIA 203

M.3.I. Technical Approach [see section L.7 (f)I] 203

M.3.II. Staffing and Management Approach [see section L.7 (f)II] 204

M.3.III. Institutional Capability [see L.7(f)III] 204

M.3. IV. Contractor Performance Information [see L. 7(f)IV] 204

M. 4 COST PROPOSAL EVALUATION 206

M.5 DETERMINATION OF COMPETITIVE RANGE 207

M.6 SOURCE SELECTION 207

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ACRONYMS AND ABBREVIATIONS

CBOs Community- Based Organizations

CLA Collaboration, Learning, and Adapting

CMM Conflict Management and Mitigation

COR Contracting Officer’s Representative

CPARS Contractor Performance Assessment Reporting System

CPFF Cost-Plus-Fixed-Fee

CPCE USAID Civic Participation and Community Engagement (CPCE) activity

CSOs Civil Society Organizations

DQA Data Quality Assessment

DRG Democracy, Rights and Governance

GBV Gender-based violence INGOs International Non- Governmental Organizations

IPs Implementing Partners MEB Middle East Bureau

MEL Monitoring, Evaluation and Learning

MEPPA Middle East Partnership for Peace Act

MoI Ministry of the Interior

PA Palestinian Authority

PWD People with Disabilities

USAID U.S. Agency for International Development

WBG West Bank and Gaza

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PART I –THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

The purpose of the Active Citizenry Activity is to empower Palestinian citizens and civil society actors to hold public institutions accountable, foster social and political advancement, and improve overall living conditions and prosperity.

B.2 CONTRACT TYPE

This is a cost-plus-fixed-fee (CPFF) term type contract. For the consideration set forth below, the

Contractor shall deliver the services and achieve the goals and intended results described in Sections C and F.

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required hereunder for the period (Year 1 through Year 5) exclusive of fixed fee, if any, is $[TBD]. The fixed fee, if any, is $[TBD]. The total estimated cost-plus fixed fee, if any, is $[TBD]. Cost must be limited to reasonable, allocable and allowable costs determined in accordance with FAR 52.216-7 Allowable Cost and Payment.

(b) Within the total estimated cost-plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $ [TBD]. The Contractor must not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of this contract entitled "Limitation of Funds" (FAR 52.232-22).

(c) Funds obligated hereunder are anticipated to be sufficient through [To be inserted at the time of award]. Subject to the availability of funds, this contract will be incrementally funded.

B.4 CONTRACT BUDGET SCHEDULE

(a) The Contractor is not allowed to exceed any contract cost element nor is authorized to shift funding between cost elements without prior written approval of the Contracting Officer. The

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Contractor must not bill any amounts against this contract in excess of the amounts specified for each cost item as illustrated below:

CLIN Description CLIN Total Cost

0001 Technical Assistance (non-GUCs) $ _______

Fixed Fee (non-GUCS) $ _______

Grants Under Contract (GUCs) $_$9,000,000

Fixed Fee (GUCS) $ _______

Total Estimated Cost-Plus Fixed Fee $ _______

B.5 COST REIMBURSABLE

The U.S. dollar costs reimbursable must be limited to those costs determined to be necessary, allocable, allowable and reasonable in accordance with FAR 52.216- 7, Allowable Cost and

Payment (AUGUST 2018), FAR 52.216-8, Fixed Fee, (JUNE 2011), and AIDAR 752.7003, Documentation for Payment (NOV 1998)

The applicable clauses incorporated by reference in Section I are as follows: FAR 52.232-20

Limitation of Cost (applies when the contract is fully funded). FAR 52.232-22 Limitation of Funds (applies while the contract is funded in an amount less than the total cost-plus fixed fee).

B.6 INDIRECT COSTS (To be completed upon award)

The contract FAR clause 52.216-7, “Allowable Cost and Payment (AUG 2018)”, specifies that the indirect cost rates must be established for each of the Contractor’s accounting periods that apply to this contract. Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or

RFP No. 72029422R00002 14 predetermined rates and the appropriate base for prime Contractors and their major subContractors.

Major subContractors are defined as those whose proposed cost exceeds 20% of the Offeror’s total proposed cost.

(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:

NOTE: Insert additional indirect rates as needed for all primes and major subContractors in the above table.

(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.

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B.7 LEVEL OF EFFORT (LOE)

(a) The Government estimates that up to 52,484 person-days of LOE will be required for all Long-Term and Short-Term employees of prime Offeror and subContractors (technical, non-technical, administrative and support staff) and consultants under this contract.

(b) Once the required LOE has been provided, the contract will be completed. No reallocation of labor, different than proposed by the Contractor, will result in an increase in the total estimated cost or exceed the obligated amount.

(c) Approvals, technical orders or other directions from the Contracting Officer’s Representative (COR) do not constitute authorization to increase the LOE for this contract. The Government is not obligated to reimburse the Contractor for any actions which increase the LOE unless such actions have been authorized in writing by the Contracting Officer.

B.8 FIXED FEE CEILING

(a) For this contract, the CO will authorize a fixed fee amount to be specified in section B.3 above of the contract. In negotiating the fixed dollar amount for fee, the CO 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 exceed [TBD]% of the contract’s total estimated cost, excluding fee.

This fee ceiling is not applicable to Grants under Contracts (GUCs), if any, or other costs that have a separate fee ceiling established in the contract. The fixed fee ceiling applies to the prime contract and all cost reimbursement subcontracts.

(b) Separate Fixed Fee Ceiling Applicable to Grants Under Contracts (GUCs)-

USAID has not authorized the use of a Letter of Credit (LOC) for Grants Under Contract.

However, USAID reserves the right to lower the GUC fee if the use of LOC or advances are authorized for the Grants Under Contract. If a Letter of Credit or advances have been issued to the Contractor for GUC expenditures only, in no event may the amount of fixed fee (if any) applicable to GUCs exceeds [TBD] of the total cost of GUCs.

B.9 PAYMENT OF FIXED FEE

At the time of each payment of allowable costs to the Contractor, the USAID

RFP No. 72029422R00002 16 paying office ordinarily pays the Contractor a percentage of fixed fee that directly corresponds to the percentage of allowable costs being paid. Three exceptions to paying fixed fee in this manner apply:

(1) If the CO 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 CO 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) Because 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.

(3) For a term-type contract, monthly payment of fixed fee will be paid in proportion to the LOE delivered during that month and, pursuant to FAR 52.216-8, it will be made upon receipt of a proper invoice. In the event the Contractor has not delivered the total LOE at the expiration of the contract period, the fixed fee will be adjusted proportionately to the LOE delivered. For example, if the Contractor has expended 85% of the total LOE, then the Contractor is entitled to 85% of the fixed fee amount, provided that the performance has been satisfactory.

[END OF SECTION B]

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SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

I. TITLE

II. OVERVIEW

The USAID Active Citizenry Activity (the “Activity”) aims to increase citizens’ participation in civic life and support their efforts to advocate for positive changes, foster social and political advancement, and improve overall living conditions and prosperity.

The Activity will support the civil society sector, Palestinian citizens, media organizations, and other relevant stakeholders to become more active in civic life, decision-making and advocacy for citizens’ rights and demands.

III. BACKGROUND

Palestinian civil society in the West Bank (including East Jerusalem) and Gaza has a robust and complex history, and it evolved dramatically over the past half century. In 1967, there were dozens of Palestinian civil society actors – primarily unions and humanitarian organizations.2 Over the following two decades, Palestinian civil society would continue to blossom, with an estimated

1,400 Civil Society Organizations (CSOs) by 1994.3 These CSO typically operated at a grassroots level, providing critical services to communities in the absence of a government4 and were especially prominent leaders in human rights advocacy initiatives. The Oslo Accords and advent of the Palestinian Authority (PA) marked an important shift in this landscape. An estimated 800

CSOs dissolved,5 as the PA sought to subsume many of the services CSOs traditionally provided.

Despite this, civil society continued to fill critical service gaps—for example, CSOs were providing over half of the healthcare services and nearly all the pre-school services into the early

2000s.6 This period was also marked by an increase in funding from abroad. As a result, local

2 Ibid. Arab Center Washington DC, December 2020.

3 7amleh, October 2021. Investigative Study: The Palestinian Public’s Perception of Palestinian CSOs. Accessed 2 December 2021. Hard copy. Page 9.

4 NGO Development Center, March 2014. Improving the Internal Governance of the CSO sector: The Case of Palestine. Accessed 2 December 2021.

5 Ibid. 7amleh, October 2021. Page 9.

6 Ibid, Arab Center Washington DC, December 2020.

http://www.worldbank.org/content/dam/Worldbank/Event/MNA/yemen_cso/english/Yemen_CSO_conf_Pres_Palestine_EN.pdf http://www.worldbank.org/content/dam/Worldbank/Event/MNA/yemen_cso/english/Yemen_CSO_conf_Pres_Palestine_EN.pdf

RFP No. 72029422R00002 18 communities became increasingly critical of CSOs for catering to international donors, rather than local communities’ priorities, i.e., the “NGO-ization” of civil society.7

Today, Palestinian CSOs continue to occupy an important space, with continued leadership on human rights, health, education, gender equality, and agricultural and rural development initiatives. The number of CSOs operating in the West Bank (including East Jerusalem) and Gaza has far surpassed the 1994 figures above: as of June 2021, 3,223 Palestinian CSOs are officially registered with the Ministry of the Interior (MoI) NGO Department (under the PA) in the West

Bank (including East Jerusalem) and Gaza. When counting unregistered organizations, those operating in Israel, and organizations abroad, this figure may exceed 4,000.8 CSOs face a complex operating environment which has become increasingly difficult to navigate.

Summarized here are some of the most salient themes about factors impacting the civil society landscape, with particular attention to developments in this landscape over the past five years.

Additionally, the novel coronavirus 2019 (COVID-19) crisis is exacerbating pre-existing social, political, and economic challenges in the sector. Some of the current challenges are the increased number of gender-based violence (GBV) cases, the high rates of unemployment, and the lack of adequate information reaching citizens. In addition to an increased need, the pandemic impacted the day-to-day functions of CSOs and their ability to carry out activities, as well as their donor-funded resources.

Challenges

1. The operating environment. The operating environment for civil society is becoming more restrictive and increasingly risky. Civil society in the past five years is contending with a far more restrictive regulatory environment from both the PA and Israeli authorities.

These governments’ regulations hinder entry into the civil society arena (i.e., through cumbersome registration and/or bank account requirements), impose greater coordination and monitoring expectations on CSOs, and, in some cases, criminalize some CSO actors.

2. The variability of applicable administrative laws and procedures. CSOs struggle to navigate a complex administrative environment, which differs across the West Bank, East

Jerusalem, and Gaza. Different governing authorities and contradictory regulatory requirements for CSOs operating under the PA and/or under Israeli authority present a

7 European Council on Foreign Relations (ECFR), undated. Mapping Palestinian Politics: Civil Society. Accessed 3 December 2021.

8 Ibid. 7amleh, October 2021. Page 10.

https://ecfr.eu/special/mapping_palestinian_politics/introduction_civil_society/

RFP No. 72029422R00002 19 significant challenge for organizations. Additionally, the different legal and political requirements in Gaza present unique challenges to organizations trying to operate in both the West Bank and Gaza. Complying with the laws and regulations of such different authorities is an onerous administrative process.

3. Constrained space of communication. A shrinking sphere of influence, coupled with feelings of distrust and competition between civil society and the PA are hindering meaningful, national-level engagement. Since the foundation of the PA in the 1990s, tensions have existed between it and civil society. Given the growing restrictions, many

CSOs believe that the PA is not open to civic participation, and the engagement of civil society is for public perception rather than promoting positive change.

4. COVID-19 Impact. Over the past two years, COVID-19 created significant uncertainty and volatility. There have been over 441,882 cumulative cases (since March 2020) in Gaza and the West Bank, and an overall positivity rate of around 18 percent among the population. Many CSOs struggled to adapt to COVID-19’s impact on community needs, donor priorities, movement restrictions, and service delivery. A shift in donor priorities resulted in increased funding to key sectors, such as healthcare, but created significant shortfalls in other sectors and funding to cover CSOs’ core operations, which impacted their financial stability.

5. Limited capacities of CSOs. Recent fundraising and sustainability challenges have greatly impacted CSOs’ ability to cope with the increased demands for their services.

Internal governance—including transparency, accountability, and leadership—requires consistent support and continued development. Many CSOs lack the appropriate monitoring, evaluation, accountability, and learning skills to develop their systems and improve staff capacity.

Opportunities

Despite these sector challenges, there are opportunities for Palestinian civil society to m ake tangible impacts through promoting governance and civic participation. Some of these opportunities include:

1. Enhanced engagement of Community-Based Organizations (CBOs) and other grassroots organizations. Such efforts can make programs more responsive to the needs and priorities of target communities. There is a growing interest among CSOs to ensure programming is more responsive to the needs and priorities of target populations. CBOs and other grassroots organizations provide a key entry point to communities, as they tend to work at the community level, have a deep understanding of needs, and can effectively engage with community members and leaders.

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2. Increased access to the internet and social media. Both media and CSOs are open to explore further cooperation and strengthen relationships to promote good governance and civic participation. Media (especially social media and news media), digital technology (e.g., Zoom, WhatsApp), and digital platforms and applications are increasingly viewed as important and innovative tools to reach target communities. USAID’s rapid assessment identified social media specifically as a low-cost opportunity for sharing information and engaging communities, especially given the high degree of internet and social media penetration across the West Bank and Gaza. It also highlighted the importance of strengthening linkages with media organizations to allow CSOs to more effectively advocate and build visibility for their work. COVID-19 drove many CSOs to more rapidly implement digital technologies to enable their work during the pandemic (e.g., through virtual training during lockdowns).

3. Emerging CSO coalitions, committees and networks. The assessment revealed that stronger networking and coalition building among CSOs (including CBOs) is an opportunity and/or an organizational priority. It also highlighted the importance of engaging international actors (such as international non-governmental organizations (INGOs)) in these efforts. This reflects an emerging interest among CSOs to engage at the national level; these coalitions and networks demonstrated potential in recent years. The assessment also indicated that networking helped CSOs better understand the needs of communities and respond quickly with interventions as needed. These CSOs networks and coalitions present an opportunity to hold responsible parties accountable.

4. Emerging positive community-based initiatives. There are positive community-based initiatives emerging that enhance collective work and outreach. This is particularly true in gender equality and social inclusion activities that target vulnerable groups such as girls, women, and people with disabilities. Examples include a recent youth debate program that gave voice to youth across the West Bank, helping youth grow their confidence to participate and engage in civic affairs. Another example is the recent civil society collaboration with the Ministries of Social Development, Health, and Education to raise awareness of violence against children with disabilities and strengthen the capacities of organizations that support these children.

IV. LINK TO MISSION STRATEGY AND NATIONAL PRIORITIES

This Activity falls under Mission Objective 3.1: Through engagement with the Palestinians on political and security reforms and capacity-building efforts, improve the foundation for good governance, a vibrant civil society, and the rule of law as essential elements of a sustainable peace.

This Activity reaffirms the commitment of the United States to improve the foundation for good governance where a vibrant civil society and rule of law are essential elements of a sustainable peace. Additionally, increasing civic participation in decision-making and outcomes, coupled with

RFP No. 72029422R00002 21 targeting marginalized sectors and groups will help improve the lives of the Palestinian people and the conditions for a two-state solution through a viable and democratic Palestinian State.

The Active Citizenry Activity will contribute to this objective, improving the living conditions and prosperity of citizens and building on USAID’s current assistance to the sector. It will enhance governance and the institutional capacity of CSOs; increase participatory community development and civic participation; promote dialogue and advocacy on key priorities; and strengthen public and private institutions accountability and citizens’ oversight. Working directly to address

Palestinians’ issues and building civil society capacities will contribute to USAID/WBG efforts towards enhancing governance, democracy, and human rights for Palestinian citizens.

The Activity will also support the Palestinian 2017-22 National Policy Agenda: Putting Citizens

First, which sets out the strategy to develop strong, citizen-centered public institutions.

Specifically, under National Policy 8, National Policy Agenda focuses on partnerships with the private sector and civil society.

V. BUILDING ON PREVIOUS USAID ASSISTANCE

USAID investments in Democracy, Rights and Governance (DRG) programming have been a critical component of its assistance in the Middle East and North Africa (MENA) region. Through its programming, USAID advanced basic democratic freedoms and common goals shared between the American people and citizens of partner countries. These shared goals are reflected in

USAID’s work with civil society, which aims to drive democratic development in the MENA region.

The USAID/West Bank and Gaza (WBG) Mission provided assistance to Palestinian CSOs for nearly two decades. From 2008 to 2015, using a Grants under Cooperative Agreement mechanism, USAID/WBG provided over 100 grants to Palestinian CSOs that focused on civic participation, women’s empowerment, humanitarian responses, and other related areas. In addition, between

2015 and 2017, USAID/WBG awarded six direct grants to Palestinian CSOs working on child protection, GBV, governance, accountability and transparency issues. USAID/WBG provided grants to CSOs under its rule of law reform and local governance programs. In 2021, USAID/WBG awarded a two-year civil society support activity that focuses on enhancing governance and institutional capacity of CSOs, and increasing participatory community development and civic participation.

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VI. STATEMENT OF WORK

Theory of Change

If Civil Society Organizations have the skills and resources to serve and engage constituents;

then:

➔ Civil Society Organizations will be stronger advocates for positive change; and

➔ Reform-minded and active citizens will increase their participation in civic life.

Achieving these goals will lay the foundations for a two-state, negotiated solution by building democratic institutions that reflect and serve the needs of citizens.

Goal, Objectives and Components

The goal of the Activity is to increase citizens’ participation in civic life and support their efforts to advocate for positive changes. The Contractor must build on the programs implemented by

USAID and other donors. The Contractor must adopt a flexible approach that responds to the sector needs and dynamic local context. The Contractor must work with civil society stakeholders, including media outlets, private sector, think tanks, universities, research institutions, trade unions and associations, and other relevant stakeholders, to increase their capacity to advocate for reforms related to service provision and other key priorities that address citizens needs with an emphasis on issues related to marginalized groups.

Given the dynamic nature of the sector, political developments and the various unforeseen ch anges that may occur, each component must include flexibility to enable the Contractor to respond to unplanned needs that may arise during the life of the project. The Contractor must also employ an iterative management approach that regularly reassesses and re-evaluates the operating environment(s) and adjusts implementation as necessary. Individual tasks/activities and interventions will be determined based upon learning and analysis and in consultation with USAID and stakeholders.

The Activity has three main objectives/components as follows:

Objective/Component 1: Enhanced governance and institutional capacity of CSOs;

Objective/Component 2: Increased participatory community development and civic participation;

and Objective/Component 3: Promoted transparency, accountability, and advocacy efforts.

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The Contractor must implement activities under the three core components detailed below:

Component One: Enhanced governance and institutional capacity of CSOs

For years Palestinian CSOs have been the recipients of a large variety of training and capacity building activities. These activities, however, have not always been effective. In order to support CSO development, the approach must shift from training actions targeting individuals towards "institutional capacity development", including long-term assistance and support to organizations.

The 2017 Civil Society Index (the most recent to include the West Bank and Gaza) points to internal governance gaps for Palestinian CSOs, most notably around transparent board selection, active engagement of board members in organizational governance, adherence to bylaws and policies, and overall organizational transparency and accountability.9 Findings from this assessment affirm continued gaps in internal governance.

In this component, the Contractor must enhance the governance and institutional capacities of the civil society sector to strengthen its advocacy and support for its constituents and marginalized vulnerable groups. The Contractor must develop an assessment of CSOs needs covering immediate and mid-term gaps facing the sector. The Contractor must work with targeted CSOs to increase the institutional and financial sustainability of civil society actors while improving adaptive capabilities to rapidly respond to shifts in civic space. The Contractor must work with CSOs to improve their financial and administrative capacities and upgrade their institutional skills that help contribute to their long-term financial sustainability. The Contractor must work with other CSOs and relevant stakeholders to advance their capabilities and enhance their performance. The Contractor must target CSOs and provide them with tailored assistance that responds to their needs and gaps. The Contractor must work with CSOs to improve their strategic planning, fund- raising, and other technical skills to reduce their reliance on donor funding.

The Contractor must coordinate with the current USAID Civic Partic ipation and Community Engagement Activity to build on its efforts and collect information relating to the institutional capacities of CSOs. The Contractor must carry out a baseline analysis of CSOs capabilities to determine their needs and gaps to provide them with tailored assistance packages that enhance their capabilities in specific areas. The Contractor must support all civil society sectors, including well-established CSOs as well as smaller, grassroots CBOs, noting the diverse set of needs and a tailored approach. The Contractor must strengthen CSOs’ capacity to mainstream gender and social inclusion across all its interventions and sectors.

Illustrative Activities (activities under this component are illustrative and may include, but are not limited to):

9 USAID, December 2018. 2017 Civil Society Organization Sustainability Index: For the Middle East and North Africa.

Accessed 8 December 2021.

https://www.usaid.gov/sites/default/files/documents/1866/2017-CSO-Sustainability-Index-for-Middle-East-and-North-Africa.pdf

RFP No. 72029422R00002 24

● Improve the institutional capabilities of CSOs by providing tailored assistance in certain areas of skills and knowledge such as, but not limited to, strategic planning; fund raising; inclusion of marginalized groups, etc. Tailored assistance must be provided upon completion of a capacity assessment for targeted CSOs.

● Enhance internal democratic governance practices within CSOs.

● Increase CSOs capacity to respond to constituents’ needs and advocate for their issues by supporting CSOs to do better targeting of beneficiaries, using methodologies such as participatory planning, monitoring and evaluation, beneficiary feedback and impact assessments.

● Strengthen CSO networks, coalitions, and social networks as part of CSOs sustainability when applicable.

● Improve CSOs financial sustainability by working with targeted CSOs early in the process to develop and implement financial sustainability plans.

● Identify other innovative mechanisms or approaches towards increasing institutional capacities of sector stakeholders.

Expected Results:

1. Increased institutional, technical, and financial capacities of targeted civil society stakeholders;

2. Established networks and thematic working groups and committees of sector stakeholders;

3. Established partnerships within the civil society sector towards increasing coordination, cooperation, and exchanging of knowledge;

4. Improved internal governance (including transparency, accountability, and leadership) and strategic planning within targeted CSOs; and

5. Improved articulation of inclusion of vulnerable groups in CSOs strategies and priorities including women and people with disabilities.

Component Two: Increased participatory community development and civic participation.

Addressing citizens’ needs and engaging them in implemen ting activities will increase their sense of ownership and encourage collaboration and positive relationships between CSOs and

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Palestinian communities. There is a growing interest among CSOs to ensure programming is more responsive to the needs and priorities of the target populations (i.e., communities). CSOs and other grassroots organizations provide a key entry point to communities, as they tend to work at the community level, have a deep understanding of needs, and can effectively engage with community members and leaders.

The Contractor must focus on enhancing civic participation by promoting a culture of responsible citizenry, raising the awareness of citizens regarding their obligations and responsibilities while addressing their needs on the community level. The Contractor must work with CSOs on identifying approaches that will help these CSOs better reach citizens and gauge public engagement on certain issues. This must be coupled with the development of an outreach plan that can include - but is not limited to- TV and radio spots, use of digital media to increase civic engagement, and development of informative documents. The Contractor must focus on a broad definition of inclusion that targets various vulnerable groups, including women; youth; People with Disabilities (PWD); and other vulnerable groups and must include voices from all walks of civic life.

The Contractor must bolster CSOs approaches and tools in identifying their constituents’ needs and develop interventions that address these needs. The Contractor must provide grants for sustainable community projects designed by the community support groups that address social and economic development needs. The Contractor must explore other approaches that help CSOs in promoting active citizenry and community development that is guided by partnership with community representatives and other stakeholders to ensure inclusion, appropriate and sound identification of needs, and interventions that respond to community priorities. The Contractor must adopt a participatory co-creation and co-design project approach with CSOs, coalitions, and

CBOs. To the extent possible, the Contractor must ensure that partnering CSOs are engaging community members directly to generate a sense of community ownership and encourage collaboration and positive relationships between CSOs and communities.

Illustrative Activities (activities under this component are illustrative and may include, but are not limited to):

● Support CSOs in engaging community institutions, community leaders and activists and enabling them to assess their community socio-economic needs, set their plans, and mobilize resources for the implementation of community development projects.

● Strengthen CSOs’ efforts on raising citizens awareness and engagement on issues related to inclusion of marginalized groups.

● Support CSOs efforts in creating reform-minded citizens who can participate in civic life.

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● Provide grants to CSOs serving marginalized vulnerable groups.

● Supports CSOs efforts in engaging private sector institutions in delivering community - based needs and interventions.

● Other innovative mechanisms or approaches that are seen appropriate and serve the purpose of increasing civic participation, civic inclusion, and community development.

1. Increased number of initiatives that address citizens needs and demands;

2. Increased number of women and adolescent led initiatives in their community;

3. Improved civil society stakeholder effectiveness to advocate for and serve constituents;

4. Increased citizens participation in decision-making; and

5. Increased use of constituency building and citizens engagement.

Component Three: Promoted transparency, accountability, and advocacy efforts

Openness and public participation are important elements for ensuring active civic participation.

It leads to increased transparency, more responsive leadership decisions, and improved prosperity and living conditions. Enabling citizens to actively engage in advocating for and claiming their rights and monitoring the public and private institutions performance is central to improved civic engagement and accountability.

This Contractor must focus on strengthening policy dialogue between civil society, government, and related public institutions. The Contractor must provide CSOs with technical assistance to be effective in advocating for policy reforms that are crucial for promoting good governance and addressing priorities for vulnerable groups such as girls, women, and PWD. The Contractor must enhance CSOs’ efforts in monitoring the concerned institutions’ performance, which is a central element to improved civic engagement and social accountability. The Contractor must engage the private sector to enhance civic engagement advocacy, accountability and transparency, and enhanced services to enable economic growth and investment.

Illustrative Activities (activities under this Component are illustrative and may include, but are not limited to):

● Advance CSOs efforts in carrying out advocacy initiatives that serve vulnerable groups or promote issues of public interest.

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● Promote cooperation between CSOs and private sector institutions towards increasing civic participation and engagement and promote transparency.

● Create other innovative mechanisms or approaches that are seen appropriate and serve the purpose of increasing transparency, accountability, and civic participation.

1. Increased dialogue among the various stakeholders towards promoting accountability and transparency;

2. Increased number of reform- minded citizens who can participate in civic life and advocate for their rights and demands; and

3. Integrated local and national efforts on advocacy and promoting issues of public interest.

VII. THEMATIC SECTORS FOR INTERVENTIONS

● Human rights and rule of law initiatives.

Human rights is a challenging topic and covers a broad spectrum of issues. USAID has a long history of supporting human rights under a variety of reporting labels including ru le of law; civil society, vulnerable populations; marginalized groups; property rights and access to justice.

The promotion of certain principles can encourage norms to evolve and reflect a respect for important ideals, such as human rights and democratic values. Values, such as the protection of the rights of women and other marginalized groups, are aligned with the respect for human dignity and human rights.

Promoting human rights through education advocacy and support for activists can encourage these values to take root. The Contractor must support stakeholders in their efforts to prevent violations of human rights through interventions to ensure rights are recognized, advocated for, and respected. These efforts may include strengthening the capacity of stakeholders to identify violations; advocacy and outreach to increase civic engagement; and enhancing the ability of activists to better understand and advocate for reforms.