SOL-167-17-000002,_Amdt_02.pdf

Kosovo Energy Security of Supply (KESS)

SOL-167-17-000002

Subject: RFP No. SOL-167-17-000002, Amendment#01

Kosovo Energy Security of Supply (KESS) Activity

To All Prospective Offerors:

The purpose of this amendment is to address the concerns raised in the Questions received by USAID. Therefore, we are re-issuing the solicitation. Please note that this is a time and materials type contract. The main deliverable that the contractor is held to is the provision of the expert labor ordered, minimizing risk significantly.

Proposals are to be submitted only electronically via e-mail on or before the due date stipulated above to Vandana Vats at: vvats@usaid.gov and Michael Capobianco at:

mcapobianco@usaid.gov

Though this amendment we are also responding to questions received which are attached as annex to this document.

USAID sincerely appreciates the time and effort it takes an organization to put together proposals in response to this solicitation.

Sincerely, /s/

Michael Capobianco Regional Contracting Officer USAID/Kosovo

Request for Proposals (RFP) No.: SOL-167-17-000002 Amendment Number: 02 Amendment Issue Date: March 22, 2017 Original Proposals Submission Due Date: March 07, 2017, 16:00 Kosovo Time Revised Proposals Submission Due Date: April 12, 2017, 16:00 Kosovo Time mailto:vvats@usaid.gov mailto:mcapobianco@usaid.gov

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 | 74

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.

REQ-167-17-000009

5. PROJECT NO. (Ifapplicable)

6. ISSUED BY CODE USAID/KOSOVO 7. ADMINISTERED BY (Ifother than Item 6) CODE

Not Applicable

N/A

USAID/Kosovo - RCO Ismail Qemali (Arberia), House no.1 Pristina, Kosovo 10000

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county. State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION

NO.

SOL-167-17-000002

9B. DATED (SEE ITEM 11)

01/30/2017

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE |FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

| [The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers |~| is extended. X Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)Bycompleting items8 and 15.and returning copiesof the amendment; (b)Byacknowledging receipt of thisamendment on eachcopyof the offersubmitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received priorto the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATIONDATA (Ifrequired)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

is not extended.

CHECK ONE

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE INTHE CONTRACTORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECTTHE ADMINISTRATIVE CHANGES (such as changes in payingoffice, appropriation date, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D.OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor Q is not, Q is required to sign this document and return copies to the issuing office.

14.DESCRIPTION OFAMENDMENT/MODIFICATION {Organized by UCF section headings, including solicitation/contract subjectmatterwherefeasible.)

The purposeof this amendment is to address the concerns raised inthe Questions received by USAID. Therefore, we are re issuingthe solicitation. Please note that this is a time and materials type contract. The main deliverable that the contractor is heldto is the provision of the expert labor ordered, minimizing risk significantly.

Except as provided herein, all terms andconditions of thedocument referenced in Item 9Aor10A, as heretofore changed, remains unchanged andinfull force andeffect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Michael Capobianco Regional Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorizedto sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (rev io-83) Prescribed by GSA FAR (48 CFR) 53.243

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 TOTAL CONTRACT CEILING AND OBLIGATED AMOUNT

B.4 LABOR RATES

B.5 OTHER DIRECT COSTS (MATERIALS)

B.6 INDIRECT COSTS

B.7 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

C.1 INTRODUCTION

C.2 SCOPE OF WORK

C.3 ORGANIZATION OF THE WORK

C.4 DUTIES AND RESPONSIBILITIES OF TEAM MEMBERS

C.5 PROJECT MANAGEMENT

SECTION D – BRANDING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 MARKING AND BRANDING STRATEGY

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 REPORTS AND DELIVERABLES

F.5(a) PERFORMANCE MONITORING PLAN F.5(b) QUARTERLY FINANCIAL REPORTS F.5(c) ANNUAL REPORT F.5(d) FINAL REPORT

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.2 CONTRACTING OFFICER’S AUTHORITY

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004)

H.3 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007)

H.4 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

H.5 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS

(AUG 2013)

H.6 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997)

H.7 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

H.8 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL

FOR ACQUISITION (JUL 2014)

H.9 ADS 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014)

H.10 AUTHORIZED GEOGRAPHIC CODE

H.11 EXECUTIVE ORDERS ON TERRORISM FINANCING

H.12 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.13 LOGISTICAL SUPPORT

H.14 LANGUAGE REQUIREMENTS

H.15 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.16 ENVIRONMENTAL COMPLIANCE

H.17 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.18 FRAUD REPORTING

H.19 DISCLOSURE OF INFORMATION

H.20 FACILITIES USED FOR RELIGIOUS ACTIVITIES

H.21 ELECTRONIC PAYMENTS SYSTEM

H.22 DBA INSURANCE

PART II – CONTRACT CLAUSES

SECTION I

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

I.2 FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

I.3 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.4 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

I.5 AIDAR 752.245-70 GOVERNMENT PROPERTY – USAID REPORTING

REQUIREMENTS (JULY 1997)

I.6 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE

2008)

I.7 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.8 AIDAR 752.7038 NONDISCRIMINATION AGAINST END-USERS OF SUPPLIES OR

SERVICES (OCT 2016)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR

2016) 50

K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015) 53

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013) 55

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(FEB 2016)

K.6 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB

1999) 56

K.7 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.8 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (OCT 2015)

K.9 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

K.10 FAR 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

(APR 2015)

K.11 INSURANCE—IMMUNITY FROM TORT LIABILITY

K.12 AUTHORIZED NEGOTIATORS

K.13 SIGNATURE

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 PROPOSAL SUBMISSION

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL ... 64

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF PAST PERFORMANCE

M.4 COST PROPOSAL EVALUATION

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 SOURCE SELECTION

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance as described in detail in Section C for the implementation of USAID/Kosovo’s “Kosovo Energy Security of Supply (KESS) Activity.”

B.2 CONTRACT TYPE

This is a time and materials contract utilizing fixed daily rates for U.S. expatriates and reimbursement of actual salaries plus fixed multipliers applied to salaries for locally hired national professionals and other non-U.S. expatriates. The contract will issue Job Orders to undertake technical assistance support services. For the consideration set forth below, the Contractor must provide the deliverables or outputs described in Section F.5 in accordance with the performance standards specified herein.

B.3 TOTAL CONTRACT CEILING AND OBLIGATED AMOUNT

a) The total contract ceiling for this award is $ [to be inserted upon contract award] (“Ceiling Price”) and the sum of all costs for the work performed hereunder, including labor and materials, shall not exceed this amount. The Ceiling Price does not constitute a commitment, implied or otherwise, that the Government will expend the entire amount indicated above.

b) Within the Ceiling Price specified in paragraph (a) above, the amount currently obligated and available for payment to the Contractor for performance of the contract hereunder is $ [to be inserted upon contract award]. The Contractor must not exceed the aforementioned obligated amount.

c) Funds obligated hereunder are anticipated to be sufficient through [to be inserted upon contract award]. Funding for this contract will be on an incremental basis, subject to the availability of funds.

B.4 LABOR RATES

(a) U.S. Expatriates – Fixed Daily Rates

The Contractor shall be paid for labor provided by U.S. personnel under this contract in accordance with the fixed daily rates established below. Each fixed daily rate is “loaded” and must include the following:

− Salary cost or consulting fee of the individual providing the services;

− Payroll costs (fringe benefits, taxes, etc.);

− Leave (vacation, sick, etc) − Indirect costs applicable to labor; and − Profit or fee, if any.

Post differential and other allowances, if any, are budgeted as direct costs, but must not be included in the fixed daily rates. Fixed daily rates must include consideration of the Contractor’s established personnel policies and procedures except those included in Section B.5, Other Direct Costs. Fixed daily rates must not include any costs included in Section B.5, Other Direct Costs, such as travel and transportation, etc. All fixed daily rates are for productive work days, meaning the Contractor shall not be able to bill any time for nonproductive work days (e.g. vacation or sick leave taken) and if authorized by CO, can telework.

The fixed daily rates set forth below must be fixed for the contract period, and apply to LOE provided by the Contractor and Subcontractors.

TABLE OF FIXED DAILY RATES FOR U.S EXPATRIATES:

Base Year Fixed Daily Rates

0001 Project Finance Advisor 0001AA Senior $

0002 Project Finance Legal Advisor 0002AA Senior $

0003 Commercial Expert 0003ACMid $

0004 Economist 0004AC Junior $

0005 Legal/Regulatory Advisor 0005AB -Junior $

0006 Environmental and Social Advisor 0006AA Senior $

0007 Institutional Development/Capacity Building Advisor 0007AC Junior $

0008 Communications Outreach Manager 0008ACMid $

0009 Home Office Support 0009AC Junior $

Option Year 1 Fixed Daily Rates

1001 Project Finance Advisor 1001AA Senior $

1002 Project Finance Legal Advisor 1002AA Senior $

1003 Commercial Expert 1003AC Mid $

1004 Economist 1004AC Junior $

1005 Legal/Regulatory Advisor 1005AB -Junior $

1006 Environmental and Social Advisor 1006AA Senior $

1007 Institutional Development/Capacity Building Advisor 1007 AC Junior $

1008 Communications Outreach Manager 1008AC Mid $

1009 Home Office Support 1009AC Junior $

Option Year 2 Fixed Daily Rates

2001 Project Finance Advisor 2001AA Senior $

2002 Project Finance Legal Advisor 2002AA Senior $

2003 Commercial Expert 2003ACMiddle $

2004 Economist 2004AC Junior $

2005 Legal/Regulatory Advisor 2005AB Junior $

2006 Environmental and Social Advisor 2006AA Senior $

2007 Institutional Development/Capacity Building Advisor 2007AC Junior $

2008 Communications Outreach Manager 2008AC - Mid $

2009 Home Office Support 2009AC Junior $

Option Year 3 Fixed Daily Rates

3001 Project Finance Advisor 3001AA Senior $

3002 Project Finance Legal Advisor 3002AA Senior $

3003 Commercial Expert 3003AC -Middle $

3004 Economist 3004AC Junior $

3005 Legal/Regulatory Advisor 3005AB -Junior $

3006 Environmental and Social Advisor 3006AA Senior $

3007 International Development/Capacity Building Advisor 3007AC Junior $

3008 Communications Outreach Manager 3008AC Mid $

3009 Home Office Support 3009AC Junior $

Option Year 4 Fixed Daily Rates

4001 Project Finance Advisor 4001AA Senior $

4002 Project Finance Legal Advisor 4002AA Senior $

4003 Commercial Expert 4003ACMid $

4004 Economist 4004AC Junior $

4005 Legal/Regulatory Advisor 4005ABJunior $

4006 Environmental and Social Advisor 4006AA Senior $

4007 Institutional Development/Capacity Building Advisor 4007AC Junior $

4008 Communications Outreach Advisor 4008ACMid $

4009 Home Office Support 4009AC Junior $

(b) Labor Categories – Level of Qualification

In order to perform the required services as set forth in Section C, the Contractor must provide the education and experience levels as indicated below for the specific labor categories included in the above fixed daily rate table. The qualifications listed for each level must correspond with the applicable fixed daily rates for each level provided in Section B.4(a).

Level Academic Degree*

Plus Minimum Years of Relevant Work Experience

Senior

Ph.D. 13

JD / ABD 13

MS, MA, MBA 13

BS, BA 15

Mid

Ph.D. 10

JD / ABD 10

MS, MA, MBA 10

BS, BA 12

Junior

Ph.D. 3

JD / ABD 3

MS, MA, MBA 3

BS, BA 5

Less than Bachelor's 8

*Highest degree obtained must be related to the required services for each labor category as set forth in Section C.

(c) Locally Hired National Professionals and Non-U.S. Expatriates

All locally hired national professionals and non-U.S. expatriates must be paid in accordance with AIDAR 722.170(a). Third Country Nationals (TCNs) and Cooperating Country Nationals (CCNs) who are working in the United States or legal residents of the United States at the time they are hired must be extended benefits and are subject to restrictions on the same basis as U.S. citizens who work in the United States. The fixed daily rates for U.S. expatriates will apply to TCNs and CCNs conforming to this regulatory provision.

Salaries for locally hired national professionals and non-U.S. expatriates under this contract must be in accordance with AIDAR 752.7007 and 722.170. Salaries should be based upon a combination of factors including prevailing in-country salaries for the professional category being negotiated and consideration of the individual’s education, work experience, and recent relevant salary history as supported by the biographical data sheet. The Contracting Officer must approve all initial salaries for CCNs/TCNs.

For LOE, at either the prime or subcontractor level, provided by locally hired national professionals and non-U.S. expatriates under this contract, the Contractor shall be reimbursed for actual salaries plus a fixed multiplier. The fixed multiplier must be applied to the negotiated unburdened daily rate. As with U.S. expatriates, all final rates are for productive work days, meaning the Contractor shall not be able to bill any time for nonproductive work days (e.g.

vacation or sick leave taken).

The fixed multiplier for this contract is: to be inserted at time of award

The fixed multiplier includes the following:

− Leave (holiday, vacation, sick);

− Other fringe benefits (insurance, pension, etc.);

− Overhead (if applicable); and − Profit or fee (if any).

Post differential and other allowances, if any, are budgeted as direct costs, but must not be included in the fixed multiplier. The fixed multiplier must include consideration of the Contractor’s established personnel policies and procedures except those included in Section B.5, Other Direct Costs. The fixed multiplier must not include any costs included in Section B.5, Other Direct Costs, such as travel and transportation, etc.

The fixed multiplier set forth above must be fixed for the contract period, and apply to LOE provided by the Contractor and subcontractors. For example, if the need is to provide TCN LOE and the Contractor has negotiated a salary of $100 and the multiplier is 1.00, then the amount billed to USAID is $200 ($100 + ($100*1.00)). If the LOE is provided by the subcontractor and the negotiated salary is $100, then the amount billed to USAID would still be $200 ($100 + ($100*1.00)).

B.5 OTHER DIRECT COSTS (MATERIALS)

(a) Other direct costs necessary for the performance of the work under Job Orders issued under this contract, such as travel and transportation, lodging and subsistence, are authorized. These do not include regular costs associated with home office support to recruit, mobilize, and demobilize personnel as those are required to be covered in the burdened rates and multiplier. Any costs included in the fixed daily rates or fixed multipliers must not also be charged as other direct costs.

(b) The Contracting Officer determines which other direct costs are allowable, allocable, and fair and reasonable in accordance with the applicable federal cost principles. For those other direct costs authorized by the Contracting Officer, the Contractor is authorized to recover any associated indirect costs, if doing so is part of the Contractor’s usual accounting procedures, consistent with the applicable cost principles, and in accordance with the Contractor’s current Negotiated Indirect Cost Rate Agreement (NICRA).

(c) In accordance with FAR 16.601, profit or fee must not be applied to other direct costs (materials) charged to this contract.

B.6 INDIRECT COSTS

(a) Indirect costs may be applied to other direct costs only, and must not be applied to the fixed daily rates or salaries to which a fixed multiplier have been applied.

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For each of the major subcontractor(s)*

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

“Major subcontractors” are those subcontractors whose proposed cost exceeds 15% of the total estimated contract cost.

B.7 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

(a) The Contractor must make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

(b) Reimbursement for indirect costs must be at the lower of the negotiated final provisional/pre-determined rates or the following ceiling rates:

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For each of the major subcontractor(s)*

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

(c) 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.

(d) This advance understanding must not change any monetary ceiling, cost limitation or obligation established in the contract.

[END OF SECTION B]

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 INTRODUCTION

The Kosovo Energy Security of Supply (KESS) activity will provide a range of services to USAID/Kosovo's Economic Growth Office (EGO). The EGO will have technical management responsibility for this contract. A detailed background of the activity can be found as Attachment 4 to this solicitation.

C.2 SCOPE OF WORK

The purpose of this contract is to equip USAID/Kosovo with a mechanism that will provide technical assistance across the Kosovo energy sector, primarily to the Ministry of Economic Development (MED), for the design and implementation of energy security projects in the country. This assistance will strengthen the Government of Kosovo’s (GOK) continuing efforts to modernize the country’s existing electricity sector in order to provide for a more reliable, cleaner, and affordable electric energy supply. Job Orders for specific technical assistance will be issued under this contract (see Section C.5).

The Contractor must provide technical assistance through advisory services of the expert hired on fully burdened labor rate who, is only providing labor for the requested period at site or remotely that will ensure well-balanced energy planning and project implementation for Kosovo.

The Contractor must provide a full range of long-term and quick-response professional services such as transaction document review, advising on international best practices, analysis of project integration with existing and projected Kosovo energy infrastructure, and support to the MED-based Project Implementation Unit (PIU).

The desired approach must include technical assistance, assessments and expert analysis to address priority challenges, possible reforms, and technical solutions. The Contractor must facilitate consultation with government partners and all relevant stakeholders to build consensus and validate conclusions. Capacity strengthening of MED and PIU on handling large energy infrastructure projects is also a requirement through classroom and on-the-job training.

The Contractor must provide independent advice to the MED, the PIU, and other key government and Kosovo stakeholders for energy infrastructure projects. The primary focus must be to support transactions for the development of electricity generation. This assistance may include on-going risk analysis to determine the likely impacts of provisions in transaction documents, responding to short-notice requests and questions, and developing white papers on transaction-related issues as may be requested. Assistance to the MED must be coordinated with the transaction advisor, the International Finance Corporation (IFC), and may provide both analysis and review on each stage of the transaction process, including due diligence, legal analysis, investor relations and financial analysis. Continued assistance will monitor, advise and propose suitable actions to MED to ensure effective implementation of commitments, agreements, and market relationships to enhance the prospects for successful operation.

Under this contract, Job Orders will be issued specifying the technical assistance to be provided and may include, but not be limited to, the following:

1. Review transaction documents;

2. Advise on legal and financial aspects of transaction documents;

3. Perform studies requested by MED and agreed with USAID;

4. Advise on the effective implementation of agreed arrangements;

5. Strengthen the capacity to ensure environmental and social stewardship and sustainability;

6. Provide non-architect/engineering advice for the rehabilitation of Kosovo’s primary, but aging power plant Kosovo B, including developing the concept, consultation, and milestones;

7. Advise on the steps to maintain the operational status of Kosovo A until new generation becomes available;

8. Provide advice and assistance on Kosovo’s ten-year energy strategy;

9. Build increased capacity for the assessment, evaluation and monitoring of potential environmental effects of energy supply development;

10. In collaboration with the Project Implementation Unit, review transaction documents to provide technical advice on, but not limited to, financial and legal perspective of energy projects;

11. Provide regular progress briefings and reports to the USAID Mission and other US Government entities and the project key stakeholders;

12. Monitor project implementation to ensure that the project agreements are being implemented in practice;

13. Provide Public Relations support to address public concerns and convey the message that the Project and the USG activities supporting the project are in the best interest of the people of Kosovo;

14. Provide advice on increasing women’s participation in the energy sector policy development and assist on gender mainstreaming processes; and

15. Other services as deemed necessary.

No architect or engineering work (as defined in Federal Acquisition Regulation Subpart 36.7) may be performed under this contract.

C.3 ORGANIZATION OF THE WORK

The Contractor must provide a project team and organization sufficient to provide timely mobilization (within 30 working days of a signed Job Order 1 and within 15 working days of subsequent signed Job Orders unless otherwise agreed) of highly qualified personnel in a dynamic environment, taking into consideration the following requirements:

a. Ability to provide logistical support including organizing conferences, providing training and office facilities in response to USAID requests.

b. Public outreach capacity through multi-media reporting on all aspects of energy development in Kosovo.

C.4 DUTIES AND RESPONSIBILITIES OF TEAM MEMBERS

a. Project Finance Advisor will have competencies in economic and financial modeling, project research, due diligence analysis, and negotiating terms for debt and equity financing.

b. Project Finance Legal Advisor will have proven qualifications in energy-related project finance debt or mergers and acquisition (M&A) transactions. S/He will work with the GOK in legal review of transaction documents. Any experience with the investment tax credit (ITC) and production tax credit (PTC), private equity investor issues, and strategies is a plus.

c. Commercial Expert will work with the GOK and other key energy institutions in the country to draft, review, and assist in negotiation of supply and offtake contracts as needed. Familiarity with the legal and regulatory environment in Kosovo and the electricity market in South East Europe would be an advantage.

d. Economist will plan, coordinate and direct the full range of economic analyses required to evaluate and shape recommendations for policies and projects in the energy sector. Economic analyses will take into consideration market conditions, technological trends, risk impacts, cost and benefits of alternative proposals, economic quantification of risks and risk avoidance.

e. Legal/Regulatory Advisor will examine legal and regulatory issues constraining the development of the energy sector and recommend options to improve their effectiveness.

f. Environmental and Social Advisor will review transaction related policies, agreements, and actions’ adherence with international standards of best practice and applicable legislation.

g. Institutional Development/Capacity Building Advisor will conduct training needs assessments, develop technical assistance/training programs to address skills gaps, implement institutional development/capacity building programs, and monitor their impact.

h. Communication Outreach Manager will manage the development and implementation of a multi-media communications program to promote awareness of the energy development efforts of the GOK, the U.S. Government and other donors. He/she will coordinate the communications program with USAID and its implementing partners to develop synergies in effectively communicating messages.

i. Home Office and Other Management and Administrative Support Officer will provide routine management, administrative, secretarial, and logistic and operations support as required by the contract.

j. Local Project Coordinator/Staff will provide logistical and operations support to contractor teams. He/she will conduct research and obtains documents to inform technical assistance, briefings and reports. Coordinates logistics for travel, study tours, training and other events.

C.5 PROJECT MANAGEMENT

Job Orders will be issued for all ongoing and planned technical assistance support in the energy sector. The Job Order will be a letter or other written communication signed by the Contracting Officer. A Job Order does not add funding to the contract.

The Contracting Officer will have sole authority to issue the Job Order. The Job Order will authorize the Contractor to proceed to implement the activity.

Each Job Order will: I) be sequentially numbered; and II) include a work description, benchmarks and performance monitoring requirements, budget, and any consent to subcontract, if known.

The initial Job Order will include performance monitoring requirements, which may be amended in future Job Orders.

The Contractor will submit a written request for the approval of a Job Order, through the Contracting Officer’s Representative (COR), to the Contracting Officer (CO) including the request for telework, if any.

The USAID CO may issue unilateral Job Orders based on the information received in an assessment or implementation plan with ceiling costs when deemed necessary to affect a rapid intervention. If the Contractor finds that it cannot proceed with a subcontract or purchase of goods/services as described in the approved Job Order for reasons beyond its control, the Contractor must seek and obtain written approval by the CO with technical concurrence from the COR. USAID shall not be liable for any costs incurred by the Contractor in excess of that contained in the Job Order.

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.2 MARKING AND BRANDING STRATEGY

The Contractor must submit a final branding implementation plan and marking plan no later than 30 days after award. The plan must be in accordance with ADS 320.3.2. The plan must be submitted to the COR for approval.

The Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” at http://www.usaid.gov/policy/ads/300/320.pdf, and the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

Anticipated elements of marking plan: Deliverables to be marked, include products, equipment and inputs delivered; places where program activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by Contractors or other non-USAID employees must include the following disclaimer on the title page: “The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.” Threats and restrictions to the security of the program need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors. Marking under this contract shall comply with the “USAID Graphics Standards Manual” available at http://www.usaid.gov/work-usaid/branding/acquisition-awards.

[END OF SECTION D]

http://www.usaid.gov/policy/ads/300/320.pdf

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.232-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this Contract. See FAR 52.252-2 for an Internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR (48 CFR Chapter 1)

52.246-6 INSPECTION – TIME-AND-MATERIALS

AND LABOR-HOUR MAY 2001

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. Unless otherwise stated, the designated Contracting Officer's Representative has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract is one (1) base year with four (4) one-year options.

Base Year is from to [to be inserted upon contract award].

Option Year 1 is from to [to be inserted upon contract award].

Option Year 2 is from to [to be inserted upon contract award].

Option Year 3 is from to [to be inserted upon contract award].

Option Year 4 is from to [to be inserted upon contract award].

F.3 PLACE OF PERFORMANCE

The place of performance for this contract is Kosovo.

F.4 PERFORMANCE STANDARDS

USAID will evaluate the Contractor’s performance in accordance with FAR 42.15 and corresponding USAID procedures. USAID will evaluate the Contractor’s performance during the initial, intermediate, and final periods of the contract in accordance with the Contractor Performance Assessment Reporting System (CPARS). The CO and the COR will jointly conduct the evaluation of the Contractor’s overall performance. This evaluation will form the basis of the Contractor’s permanent performance record under this contract.

F.5 REPORTS AND DELIVERABLES

In addition to other required reports and deliverables in this contract and in accordance with AIDAR 752.242-70 Period Progress Reports, the Contractor must deliver the following reports for the approval of the Contracting Officer’s Representative (COR). These reports must be submitted in English, unless otherwise stated herein. Other reports/deliverables may be required during the course of the award. These reports/deliverables will be within the scope of the contract, and the due dates for these will be agreed to between the Contractor and the COR as needed.

Note: USAID’s fiscal year starts on October 1 and ends on September 30. Four fiscal quarterly periods begin on October 1, January 1, April 1 and July 1.

F.5(a) PERFORMANCE MONITORING PLAN

The Contractor must develop and submit for USAID approval a Performance Monitoring Plan (PMP). The initial Job Order will include the requirements for the PMP. The performance monitoring requirements will be amended and revised for subsequent Job Orders.

The PMP will provide a tool for USAID to track the performance of the Contractor.

F.5(b) QUARTERLY FINANCIAL REPORTS

The Contractor must submit quarterly financial reports no more than 15 days after the end of the reporting period.

These reports must have a financial summary page that lists the amounts expended for the quarter by major cost item, showing cumulative expenditures to date, and a variance analysis. The variance analysis will use the detailed cost proposal submitted for the contract award, or any revision made for subsequent contract budget revision (authorized by the CO), as the baseline budget plan, and, as requested, will be able to explain significant actual expenditure variance in relation to the detailed baseline. The Contractor will also include a brief note on any significant or accrued expenditures for the quarter that have not yet been billed to the contract, along with the specific amount involved, to enable the COR to accurately track the expenditure rate.

F.5(c) ANNUAL REPORT

The Contractor must submit an annual progress report, no more than 15 days after the end of the reporting period.

At a minimum, the annual progress report must include the following information:

a) A summary of cumulative progress and accomplishments achieved from the award date until the end of the reporting period.

b) Deliverables: List of reports and other deliverables completed in the reporting period.

c) Description of progress and accomplishments during the reporting period: Detailed assessment and analysis of progress made on each of the tasks, milestones and performance indicators;

d) Schedules: When appropriate, a discussion of any significant potential or actual slippage in schedule and the steps being taken to avoid or make recovery.

e) Problems: Problem areas, current or foreseen, together with recommendations for resolving these problems and attendant schedules for their resolution. Problems requiring USAID intervention should be highlighted.

f) Plans: List of major activities and key milestones planned for next quarter.

F.5(d) FINAL REPORT

The Contractor must submit a detailed final report 30 days before the contract completion date, for approval of the COR. The report must at least address the following:

(1) Financial report showing the amounts expended by major cost categories.

(2) Summary of accomplishments achieved under this contract tied to the contract objective.

(3) Clearly show how the contract objectives, deliverables and PMP have been accomplished or not, and why.

(4) Discussion of problems encountered and where objectives were not achieved.

(5) Lessons learned.

(6) Suggestions concerning desirable future and follow-on projects, if any.

(7) Index of all reports and information products produced under this contract.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer’s Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided.

The form provides for the information to be reported with the following elements:

TOTAL EXPENDITURES (Document Number XXX-X-XX-XXXX-XX)

TOTAL

EXPENDITURES

(Document Number:

XXX-X-XX-XXXX)

Line Item Description Amount Vouchered to Date

Amount Vouchered This Period

0001 Product/Service Desc.

For Line Item 0001

$XXXX.XX $XXXX.XX

0002 Product/Service Desc.

For Line Item 0002

$XXXX.XX $XXXX.XX

TOTAL $XXXX.XX $XXXX.XX

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

“The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required CO approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.”

BY: ______________________________________________________

TITLE: _____________________________________________________

DATE: _____________________________________________________

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the CO which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.2 CONTRACTING OFFICER’S AUTHORITY

The CO is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment must be made in the contract terms and conditions, including cost/price.

All questions concerning the administration of this award must be sent to the CO. It is the responsibility of the Contractor to inform the CO of requests that affect any and all sections of this award. The CO for this contract is located at:

Regional Contracting Office (RCO) USAID/Kosovo Ismail Qemali (Arberia), House No, 1 10000 Pristina, Kosovo

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative is [to be inserted upon contract award] and is the principal point of contact.

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor, which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the CO, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Representative" with a copy furnished to the CO.

(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the CO incidents of faulty or nonconforming work, delays or problems.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

Limitations: The COR is not empowered to award, agree to, or sign any contract (including job orders) or modifications thereto, or in any way to obligate the funds - by the Government. The COR may not take any action which may impact the contract schedule, funds, or scope. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the CO.

(c) In the absence of the designated COR, the CO may designate someone to serve as COR in his/her place. However, such action to direct an individual to act in the COR’s stead shall immediately be communicated to the Contractor.

(d) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e.

Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the CO. Only the CO is authorized to formally resolve such problems. The CO will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The CO is solely authorized to approve changes in any of the requirements under this contract. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and at the Contractor’s sole risk.

(e) Failure by the Contractor to report to the CO, any action by the Government considered to be a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

G.5 PAYING OFFICE

The completed SF-1034 “Voucher for Services for Other Than Personal” and relevant invoices and other documentation may be submitted electronically…