SOL-167-15-000021.pdf

SOL-167-15-000021

SCOP OF WORK (SOW)

MUNICIPAL ADVISOR FOR PARTNER MUNICIPALITIES IN NORTHERN

KOSOVO

(Municipalities of Mitrovica North, Leposavic, Zvecan and Zubin Potok)

I. INTRODUCTION

The purpose of this scope of work is to set forth the responsibilities of a short-term Municipal

Advisor, as part of a team of two international advisors, who will assist the USAID/Kosovo

Democracy and Governance (DG) Office in providing technical assistance to the four

Northern municipalities of Mitrovica North, Leposavic, Zvecan and Zubin Potok. Providing embedded Municipality Advisors will provide technical assistance to the newly-established municipalities to ensure that municipal administrative services are operating in accordance with the legislative demands of the Government of Kosovo (GoK) while meeting the needs of its citizenry (especially in terms of service delivery). The main objective of this work is to facilitate the integration of the four Northern municipalities into the GoK.

The daily presence and support provided Municipal Advisors will bridge the current lack of horizontal communication that exists between these newly established and at-risk non-majority municipalities and the central governmental authorities in Pristina. The end result of this scope of work will be an increased political, social and economic integration of the four

Northern municipalities with the rest of Kosovo, and the provision of better quality services for the citizens in the North.

It is of utmost importance to continue to provide targeted technical assistance to the newly elected mayors and their administrative staff in the four Northern municipalities. The current political situation in northern municipalities of Mitrovica North, Leposavic, Zvecan and

Zubin Potok, warrants the continued provision of embedded advisory assistance to these municipalities in the post-local and post-parliamentary election transition period. While these new municipal administrations have made significant strides to adopt their municipal statutes, without targeted technical intervention it is unlikely that the elected members of these local governments will be able to fully comply with the Kosovo legislation on political integration.

In addition, the existing administrations in the North, which are mostly comprised of newly elected and recently appointed municipal representatives, currently have very limited technical capacities and skills. These shortcomings are currently preventing the establishment of functional municipalities in the North, and by law these municipalities need to be in compliance with the legislative demands of the Government of Kosovo in order to operate on budget.

The Municipal Advisor will report to USAID directly, and will closely coordinate his/her technical assistance with the Chief of Party (COP) of USAID’s Advancing Kosovo Together

Program (AKT-US Prime) or her designate as well as representatives of AKT-Local

Solutions. The assignment is designed to complement provision of technical assistance under

AKT covering its third program objective, i.e., to increase the efficiency and capacity of target municipal administrations to respond to the needs of all their citizens.

II. BACKGROUND

USAID has invested heavily in supporting the newly elected mayors of Mitrovica North, Zvecan, Leposavic and Zubin Potok since they were first elected in November 2013 in local elections through USAID’s Democratic Effective Municipalities Initiative (DEMI) project.

During the final year the DEMI project, which ended on August 31, 2014, four embedded international senior local government advisors and their national staff delivered targeted technical assistance to the four newly established local governments in the North, building trusted relationships with the newly elected mayors. Two of the four advisors were retained through a PO contract during FY 2015. The mayors are gradually adopting and transitioning to the Kosovo legal framework. To build on the momentum achieved by the embedded senior

Municipal Advisors USAID/Kosovo will continue to support Serbian majority municipalities at this critical transition period.

The Normalization Agreement between Kosovo and Serbia called for the creation of new

Kosovo municipal administrations in the North in accordance to the Kosovo legislation.

Unfortunately, there have been some significant delays in the establishment of these administrations; which include delays in the implementation of municipal statutes, in the completing of municipal budgets, in the establishment of municipal departments, and in hiring municipal staff based on the demands of the Kosovo budget process. The pace of progress is affected by outside political interference and by the perception of most Serbs in the North that they are culturally and politically a part of Serbia. Given the fact that there is still some hesitation on the part of the local political elite in the North, including elected local government members, to fully comply with the Normalization Agreement between Kosovo and Serbia it is imperative that USAID/Kosovo continue to offer technical assistance in the

Northern municipalities.

Fortunately, there is a high level of trust established between the Municipal Advisors and the newly elected mayors in the North, which is essential in supporting the integration process.

This trust has served to open a line of communication between Kosovo Serb majority municipalities in the North and the Kosovo central authorities in Pristina. The technical assistance of the Municipal Advisors has enabled the resolution of several, very sensitive and important issues between municipalities and the GoK. A failure to integrate the relatively new municipal administrations in the North, in accordance to the Kosovo legislation, will seriously jeopardize implementation of the Normalization Agreement between Kosovo and

Serbia and will have a negative impact on stability of the region. Therefore, the need for continued support for the transitioning of parallel public administrations to legitimate public entities administered under Kosovo Law remains critical, not only for the stability of Kosovo, but for the region as well.

To build on the momentum gained by the deployment of the two embedded international senior local government advisors, who provided on-site and daily guidance to northern municipalities, USAID/Kosovo will purchase the technical assistance of up two Municipal

Advisors for a period of nine months, starting on September 1, 2015.

Other USAID/DG Projects in Non-Majority Communities:

The following is a list of current and recently concluded relevant USAID/Kosovo projects that have activities targeting Serb-majority communities in the North:

Democratic Effective Municipalities Initiative (DEMI) – DEMI provided support to 6 (six)

Kosovo Serb majority municipalities, South of the Ibar river, and 4 (four) Serb majority municipalities North of the Iber River. The DEMI advisors and their staff members provided targeted assistance to the Kosovo Serb-majority municipalities to ensure that they had the support they needed to establish administrative structures in order to effectively deliver high quality services to their citizens. Technical assistance, coaching and training was provided in support to K-Serb majority municipalities in: 1) Strengthening Municipal Administrations – by improving the leadership, planning, managerial and citizen outreach skills of mayors and department heads and the technical skills of technical staff; 2) Empower Municipal

Assemblies – by improving their ability to provide oversight of municipal administrations, reach out to and represent the interests of their constituents, and legislate; 3) Support Citizen

Engagement in Municipal Governance – by strengthening the ability of citizens, youth, CSOs and media to participate in, advocate to, and monitor the performance of municipal governments; 4) Measurably Improve Municipal Service Delivery – by improving the technical skills of relevant personnel, improving billing and collection, increasing own source revenues, outsourcing for services and inter-municipal service agreements; and 5) Promote

Local Economic Development – by improving the ability of local governments to create conditions more conducive to economic growth and to promote investment opportunities.

During the final year of the contract DEMI provided four embedded international senior local government advisors to give targeted technical assistance to the four newly established Serb majority municipalities north of the Iber River. The project was implemented by Urban

Institute (UI) and ended in August 2014.

Advancing Kosovo Together (AKT) - The main goal of AKT program is to increase constructive inter-ethnic cooperation and interaction, particularly between the Kosovo

Albanian majority and Kosovo Serb non-majority population, which is vital to the security and stability of the Balkans. In particular, it is essential that Kosovo Serbs constructively engage with and participate in Kosovo’s institutions and society, particularly in the Serb-majority municipalities of the North. To foster this goal, it is necessary to improve conditions that will enable Kosovo Serbs and other minorities to preserve, protect, and develop their own identities, including their languages, as well as their religious and cultural heritages. This will be accomplished when minorities actively engage in the work force of Kosovo, and are able to increase their interaction with Kosovo’s governmental institutions at the local level.

The program takes a holistic approach towards the integration of non-majority populations into Kosovo’s institutions and society. The first three program objectives address the social, economic, and political engagement needed to foster community integration. The fourth objective seeks to increase the capacity of local partners: 1) Improve autonomous, horizontal communication between: (a) Kosovo Albanian and non-majority communities; and (b) the

GoK and non-majority communities; 2) Improve economic opportunities in target municipalities; 3) Increase the efficiency and capacity of target municipal administrations to respond to the needs of all their citizens; and 4) Build the capacity of host country organizations by leveraging local, cross-ethnic leadership to implement program objectives 1, 2 and 3.

AKT has two components: AKT-US Prime and AKT-Local Solutions. The AKT-US Prime component is a three-year 7.6 million dollar contract that was signed in April 2014 with

Chemonics International and covers all four of the above objectives. In October 2014, USAID/ Kosovo also signed a three-year award for a seven million dollars cooperative agreement with the Community Development Fund (CDF) called Advancing Kosovo

Together – Local Solutions (AKT-LS). CDF is the prime and will implement the activity with a few other local partners and is responsible for the first three objectives stated above.

The Empower Kosovo Private Sector Competitiveness and Employment Generation

Activity – EMPOWER aims to increase competitiveness in growth-ready sectors and facilitate inclusive private sector job-creation. To achieve this, the Kosovo Competitiveness

Program will concentrate on three objectives with corresponding components: 1. Increasingly competitive and market-oriented Small- to Medium-Sized Enterprises (SMEs); 2. Job-creation through workforce development; and 3. Strengthen capacity of local partners. This activity will increase competitiveness in growth-ready sectors, facilitate inclusive private sector job-creation, and build the capacity of a local consortium to deliver market-responsive services to the private sector, as well as their ability to respond to USAID requirements.

Empower places a special emphasis on supporting SMEs in northern municipalities.

Mitigating Conflict through Citizens Connections - The overall goal of the program is the increased cooperation between Kosovar Albanians and Kosovar Serbs through formal and informal dialogue. The program has two major objectives: (1) increased communication between Kosovar Albanians and Kosovo Serbs through formal and informal dialogue; and (2) enhanced understanding and appreciation by Kosovar Albanians and Kosovar Serbs for differences through engagement in inter-ethnic community-building activities, advocacy and public outreach.

III. DUTIES AND RESPONSIBILITIES

The principal location for this assignment is in Northern Kosovo with coverage and services provided to targeted municipalities as directed by the USAID/DG Office. The Municipal

Advisor will be advised by the DG team, involved in the oversight of the minority integration portfolio and report directly to the DG Deputy Director. The proposed assignment would complement the capacity of the AKT in order to provide urgent technical assistance for the four municipalities in the North. The Municipal Advisor will consult with Kosovo institutions, other long-term municipal advisers, donors, interested stakeholders and other

USAID staff and program representatives (as advised by USAID), while closing coordinating his/her activities with AKT-US Prime and AKT-LS.

IV. TASKS AND DELIVERABLES

A. TASKS

Task One: Provision of day to day technical assistance to the targeted municipalities

(municipal administration and assemblies) to assist in the implementation of municipal competences in accordance with the Kosovo Law on Local Self-Government and in accordance with European standards;

Task Two: Provide short-term guidance and advice to the targeted municipalities in setting development priorities through a citizens’ engagement and participation process;

Task Three: Provide short-term technical support to the targeted municipalities on public outreach through different communication channels and campaigns and increase the transparency of the municipal service provisions through a participatory decision-making process;

Task Four: Provision of short-term technical support for the establishment and improvement of municipal service delivery programs and establishment of mechanisms and processes to increase municipal Own Source Revenues;

Task Five: Provide a review of the proposed approaches and innovations relevant to the implementation of Kosovo legislation.

Task Six: Provide support to the other Municipal Advisor(s) with technical assistance in implementation, communication channels and other relevant activities as deemed necessary.

B. DELIVERABLES

Deliverables will be submitted to the DG Program Specialist for approval per the agreed work plan and timetable.

The main deliverables of the Municipal Advisor include:

Deliverable One: Assessment and proposed technical assistance plan covering all six tasks

(3-5 pages)

Within one week of starting the Municipal Advisor will submit a written assessment and a proposed plan of technical assistance to the USAID DG Deputy Director regarding the current situation in terms of what exists in targeted municipalities (i.e. Mitrovica North), where there are gaps, what has been done, what remains to be achieved in the targeted municipalities.

Deliverable Two: Coordination of Technical Assistance Plan covering all six tasks (3-5 pages)

Consult with the DG Office, the other USAID-contracted Municipal Advisors in-country, the

Secretary General of the Ministry of Local Government Administration (MLGA), the COP of

AKT Prime and other key AKT staff members within two weeks of starting this scope of work to coordinate activities with AKT and the MLGA. A written report will be submitted to the DG Deputy Director on how to best coordinate technical assistance for the targeted municipality/municipalities.

Deliverable Three: Four weekly and one monthly Technical Assistance Reports per month covering all six tasks - for USAID review and approval over a period of the nine month period.

On a weekly and monthly basis submit a report to the DG Deputy Director summarizing the activities and technical assistance provided to the municipalities. These reports should include: situational analysis, including an analysis of the strengths, weaknesses, opportunities and threats to USAID funded programs in the North; meetings/consultations held and outcomes; decisions made affecting the operations and/or service delivery of the municipalities; municipal budgeting/financial/personnel information as available;

accomplishments and challenges.

Over the course of the assignment USAID anticipates up to thirty-six weekly (1-2 pages), and nine Monthly Reports (5-10 pages) to be submitted for review and approval.

Deliverable Four: Completed Final Report covering all six tasks for USAID review and approval

Write a final report before the end of the assignment and participate in entry and exit briefings with USAID Mission management, as well as the Democracy and Governance

Office staff. The Advisor will brief the USAID Mission management as well as Director and

Democracy and Governance Office staff prior to departing and at the conclusion of the assignment.

The final report will be comprised of information gleaned from the weekly and monthly reports. It will contain, in addition to major headings from the weekly/monthly reports as listed in Deliverable Three, a trends analysis; compilation of data (where comparable); key accomplishments and challenges.

V. POSITION REQUIREMENTS

The Municipal Advisor will be required to coordinate all activities with the DG Office, other

Municipal Advisors in country, the Secretary General the Ministry of Local Government

Administration (MLGA) and the Chief of Party (COP) of AKT-US Prime and other key AKT staff members of AKT-US Prime and AKT-LS.

The Municipal Advisor requested under this Scope of Work should have excellent English written and oral communication skills, exceptional organizational and analytical abilities, as well as experience in conducting similar analyses and working with local governments.

Knowledge of project design and/or managing development programs is helpful. USAID or other international donor experience is preferred.

VI. LOGISTICS

A. Duty Post and Period Performance: The performance for this scope of work will begin on September 1, 2015, for a period of nine months in the assigned municipality and other regions of Kosovo.

B. Accommodation will be the responsibility of the Advisor and within the funding parameters of the assignment. The Municipal Advisor will provide his/her own laptop, telecommunications and other office supplies.

C. Anticipated Level of Effort (LOE): nine months, inclusive of travel.

D. All administrative, benefits and travel arrangements and logistical support are the responsibility of the Municipal Advisor.

E. Locally Engaged Staff: The Municipal Advisor is responsible to engage/hire local staff on his/her own to ensure local advisory support and translation services that may be needed over the course of the assignment. These costs should be factored in the proposed budget, within the parameters of this scope of work.

VII. APPLICATION PROCESS

Interested candidates should submit the following documentation as part of the application:

Technical Proposal:

1. Expression of interest, outlining the candidate’s capability to provide the requested deliverables as a municipal advisor as well as his/her experience in conducting similar services.

2. A letter of commitment, confirming availability during the period of performance.

3. Curriculum Vitae.

4. Proposed work plan for accomplishing the work; and

Cost Proposal:

1. Detailed budget, outlining all costs, associated with the work described above.

2. Budget notes, explaining your assumptions.

3. Biographical Data Sheet (Form AID 1420 -17 - attached) must be submitted and contain verified salary history for the previous three years. The USAID

Contractor Salary Threshold (CST) sets a maximum rate on salaries under contracts. Bio data forms must be signed by both the individual proposed and the employer.

4. Certifications and Representations, provided in Attachment A.

VIII. EVALUATION CRITERIA

The following criteria will be used during the review of applications:

1) Experience and qualifications (60 points):

Education: A Master’s Degree or the host-country equivalent formal education in a relevant field, such as public administration, public services, management, law, international relations, international development, health, or a related field is required;

At least ten years of professional experience in local governance support;

Experience in conducting similar advisory services in Kosovo;

An optimal mix of professional expertise in: local governance support, conflict mitigation and management, minority issues, political and development context analysis;

Fluency in English is a requirement.

2) Proposed Work Plan (20 points):

Suitability of work plan to outlined tasks and deliverables.

3) Proposed Budget (20 points):

Reasonableness, acceptability and appropriateness of the proposed budget.

ATTACHMENT A - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION - 1 - PROVISIONS INCORPORATED BY REFERENCE

FAR SOURCE TITLE AND DATE

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (APR 1991)

52.223-4 RECOVERED MATERIAL CERTIFICATION (OCT 1997)

SECTION - 2 - PROVISIONS INCORPORATED IN FULL TEXT

FAR 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer

Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U. S. C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 604l, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

TIN:

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

Offeror is an agency or instrumentality of a foreign government.

Offeror is an agency or instrumentality of the Federal government;

(e) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt)

Corporate entity (tax exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other .

(f) Common Parent.

Offeror is not owned or controlled by a common parent as defined in paragraph

(a) of this clause.

Name and TIN of common parent:

Name

TIN

FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS)

(MAY 1999)

(a) Definition. "Woman-owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR

52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it is, is not a women-owned business concern.

FAR 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (JAN

2001)

(a)(l) The Offeror certifies, to the best of its knowledge and belief, that:

(i) The Offeror and/or any of its Principals--

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts byany

Federal agency;

(B) Have have not , within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public

(Federal, state, or local) contract or subcontract; violation of

Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(l)(i)(B) of this provision;

(ii)

(A) The Offeror, aside from the offenses enumerated in paragraphs

(a)(1)(i)(A), (B), and (C) of this provision, has has not within the past three years, relative to tax, labor and employment, environmental, antitrust, or consumer protection laws--

(1) Been convicted of a Federal or state felony (or has any Federal or state felony indictments currently pending against them); or

(2) Had a Federal court judgment in a civil case brought by the United

States rendered against them; or

(3) Had an adverse decision by a Federal administrative law judge, board, or commission indicating a willful violation of law.

(iii) The Offeror has has not , within a three-year period preceding thisoffer, had one or more contracts terminated for default by any

Federalagency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners;

partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION

OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,

FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER

SUBJECT TO PROSECUTION UNDER SECTION l00l, TITLE l8, UNITED STATES

CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation intends, does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Name and Address of Owner

Place of Performance (Street and Operator of the Plant

Address, City, County, State or Facility if Other than

Zip Code Offeror or Respondent

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2000)

AND ALTERNATE I (OCT 2000) AND ALTERNATE II (OCT 2000)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

(insert NAICS code).

(2) The small business size standard is (insert size standard).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it is, is not a small business concern.

(2) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not, a small disadvantaged business concern as defined in

13 CFR 124.1002.

(3) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a women-owned small business concern.

(4) [Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer, that it is, is not a veteran-owned small business concern.

(5) [Complete only if offeror represented itself as a veteran-owned small businessconcern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer, that it is, is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that:

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business concerns maintained by the Small Business Administration, and no material change inownership and control, principal place of ownership, or HUBZone employeepercentage has occurred since it was certified by the Small Business

Administration in accordance with 13 CFR part 126; and

(ii) It is, is not a joint venture that complies with the requirements of 13

CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZ one small business concern or concerns that are participating in the joint venture:] Each HUB Zone small business concern participating in the joint venture shall submit a separate signed copy of the HUB Zone representation.

(7) [Complete if the offeror has represented itself as disadvantaged in paragraph

(b)(2) of this provision.] [The offeror shall check the category in which its ownership falls]:

Black American.

Hispanic American.

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia

(Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or

Nauru).

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision:

"Service-disabled veteran-owned small business concern":

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, no less than 51percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe-disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in

13 CFR Part 121 and the size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern:

(i) Not less than 51 percent of which is owned by one or more veterans

(asdefined in 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(ii) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern", as used in this provision, means a smallbusiness concern:

(1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women?

(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB

1999)

The offeror represents that:

(a) It has, has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation;

(b) It has, has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (FEB 1999)

The offeror represents that--

(a) it has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the

Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) it has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

FAR 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING

(OCT 2000)

(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.

(b) By signing this offer, the offeror certifies that--

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42

U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42

U.S.C. 13106), the offeror will file and continue to file such facilities for the life of the contract to the Toxic Chemical Release Inventory Form (Form R) as described in sections

313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)

(i) The facility does not manufacture, process or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c);

(ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

(iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

(iv) The facility does not fall within Standard Industrial Classification Code

(SIC) designations 20 through 39 or their corresponding North American

Industry Classification System (NAICS) sectors 31 through 33; or

(v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the

United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.

FAR 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND

MINORITY INSTITUTION REPRESENTATION (MAY 1997)

(a) Definitions. As used in this provision--Historically Black College or University means an institution determined by the Secretary of Education to meet the requirements of 34 CFR

608.2. For the Department of Defense, the National Aeronautics and Space Administration, and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. Minority Institution means an institution of higher education meeting the requirements of Section 1046(3) of the

Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) which, for the purpose of this provision, includes a Hispanic-serving institution of higher education as defined in Section

316(b)(1) of the Act (20 U.S.C. 1059c(b)(1).

(b) Representation. The offeror represents that it:

is is not a Historically Black College or University; is is not a Minority

Institution.

FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (JUN 2000)

NOTE: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine

Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-

2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND

CERTIFICATION

(a) Any contract in excess of $500,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a

Disclosure Statement as required by 48 CFR 9903.202. The Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a

Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below.

(1) Certificate of Concurrent Submission of Disclosure Statement.

The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) Original and one copy to the cognizant Administrative

Contracting Officer (ACO), or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement:

Name and Address of Cognizant ACO or Federal Official Where

Filed:

The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

(2) Certificate of Previously Submitted Disclosure Statement.

The offeror hereby certifies that Disclosure Statement was filed as follows:

Date of Disclosure Statement:

Name and Address of Cognizant ACO or Federal Official Where

Filed:

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable disclosure statement.

(3) Certificate of Monetary Exemption.

The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

(4) Certificate of Interim Exemption.

The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR

9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraphs (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. COST ACCOUNTING STANDARDS-ELIGIBILITY FOR MODIFIED

CONTRACT COVERAGE

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost

Accounting Practices clause in lieu of the Cost Accounting Standards clause.

The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the

Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts.

CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single

CAS-covered prime contract or subcontract of $50 million or more.

III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO

EXISTING CONTRACTS

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

Yes No

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

[END OF SOL-167-15-000021]