SOL-_167-17-000009.pdf

May 23, 2017

USAID

FROM THE AMERICAN PEOPLE

Request for Proposals (RFP) No. SOL-167-17-000009

Issue Date: May 23,2017

Questions Due: May 31,2017 at 5pm, Kosovo local time

Closing Date: June 13, 2017 at 5pm, Kosovo local time

SUBJECT: Request for Proposal (RFP) No. SOL-167-17-000009 The Municipal Competitiveness Index (MCI)

Dear Prospective Offeror:

The United States Government, represented by the U.S Agency for International Development (USAID), through the Mission in Kosovo, is seeking proposals from qualified local Kosovoorganizations interested in providing the services as described in this solicitation.

The competition under this solicitation is limited to local entities in accordance with Section 7077 of Public Law 112-74, as amended by Section 7028 of the Consolidated Appropriation Act (P.L 113-76) titled "Local Competition Authority". For the purpose of the solicitation, local entity means an individual, a cooperation, a nonprofit organization, or another body of person that:

(1) is legally organized under the laws of Kosovo;

(2) have its principal place of business or operations in Kosovo;

(3) and is: (A) majority owned by individuals who are citizens or lawful permanent residents of; and (B) managed by a governing body the majority of whom are citizens or lawful permanent residents of the cooperating country.

For purpose of this section "Majority owned" and "managed by" include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

Please note that offerors must be registered in System for Award Management (SAM) (https://www.sam.gov) in order to do business with the U.S. Government. A successful registration in SAM means the Offeror has obtained a DUNS number, and has secured an NCAGE number to successfully register in SAM. Please refer to Attachment 2 "Quick Start Guide for New Foreign Registrations" for further instructions.

USAID reserves the right to amend or rescind this solicitation at any time. Any amendments to this solicitation will be issued and posted on the Federal Business Opportunities (FBO) and USAID/Kosovo website. In order to be informed of changes that may affect proposal preparations, Offerors are encouraged to check this website (http://www.fbo.gov) periodically. Interested firms can register and use the Interested Vendor List (IVL) accessible through this solicitation on the FBO web page, so that firms can contact one another for consideration of teaming arrangements in response to this solicitation. It is the responsibility of

SOL-167-17-000009

the prospective Offerors of this solicitation to ensure that the solicitation has been received from the internet in its entirety. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Proposals must be received electronically on or before the closing date stipulated above to provide the services and deliverables specified in the below RFP. Proposals must be sent via email attachments uabdyli@usaid.gov and cabennett@usaid.gov by the closing date and must conform to all requirements outlined in Section L. USAID reserves the right to award the contract subject to availability of funds. The period of performance consists of a base period of two (2) years with an option period of one year subject of funds availability. This is firm fixed-price type contract.

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

Respectfully.

Carlton Bennett

Contracting Officer USAID/Kosovo

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 TITLE

B.2 PURPOSE

B.3 CONTRACT TYPE

B.4 OBLIGATED AMOUNT

B.5 PRICE, PAYMENT SCHEDULE AND OBLIGATED AMOUNT

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

SECTION D – BRANDING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING AND MARKING POLICY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PLACE OF PERFORMANCE

F.2 PERIOD OF PERFORMANCE

F.3 DELIVERABLES

F.4 KEY PERSONNEL AND STAFFING

F.5 REPORTING REQUIREMENTS

F.6 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

SECTION G – CONTRATC ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.3 TECHNICAL DIRECTION

G.4 PAYMENT OFFICE

G.5 INVOICING INSTRUCTIONS

G.5 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.5 ACCOUNTING AND APPROPRIATED DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PERSONNEL

H.2 LANGUAGE REQUIREMENTS

H.3 AUTHORIZED GEOGRAPHIC CODE

H.4 LOGISTIC SUPPORT AND SECURITY REQUIREMENTS

H.5 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.6 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.7 EXECUTIVE ORDER ON TERRORISM FINANCING

H.9 USAID DISABILITY POLICY - ACQUISITION (AAPD-04-17) (DEC 2004)

H.10 ACCESS TO CLASSIFIED INFORMATION

H.11 ENVIRONMENTAL COMPLIANCE

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (FEB 2016)

I.3 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS. (FEB 2002)

I.6 2.217-9 Option to Extend the Term of the Contract - (Mar 2000)

I.7 725.170 EXCEPTIONS FOR FOREIGN ASSISTANCE ACT FUNCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

SECTION L – INSTRUCTIONS TO OFFERORS

L.1 TYPE OF CONTRACT

L.2 ELIGIBLE OFFEROR

L.3 GENERAL INSTRUCTIONS TO OFFERORS

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 PRICE PROPOSAL

SECTION M – EVALUATION CRITERIA

M.1 GENERAL INFORMATION

M.2 EVALUATION FACTOR

M.3 EVALUATION OF PAST PERFORMANCE

M.4 PRICE EVALUATION:

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 TITLE

The Municipal Competitiveness Index (MCI)

B.2 PURPOSE

The purpose of this contract is to provide technical assistance as described in detail in Section C, Statement of Work.

B.3 CONTRACT TYPE

This is a Firm Fixed Price (FFP) type Contract.

B.4 OBLIGATED AMOUNT

TBD

B.5 PRICE, PAYMENT SCHEDULE AND OBLIGATED AMOUNT

(a) The fixed price for the performance of the work required hereunder for the base period of two years and the option period of one year is TBD.

Commercial interim payments will be made in accordance with successful delivery and acceptance of the below milestones. The Contractor may invoice for the corresponding percentage of the price only after the

Contracting Officer’s Representative (COR) and the Contracting Officer (CO) have determined that the milestone has been achieved.

Payment Milestone for Base Years:

Payment Milestones for Base Years Percentage of payment st year MCI work plan 15%

A data quality report (DQR) following the completion of field work for the MCI- 1 st year 10% st year annual MCI report 10%

Submit the MCI Methodology and1 st year annual report on municipal meetings 10% nd year MCI work plan 15%

A data quality report (DQR) following the completion of field work for the MCI- 2 nd year 10% nd

Annual MCI report 10% nd year annual report on municipal meetings 20%

Payment Milestone for Optional Year:

Percentage of payment

Optional 3 rd year MCI work plan 30%

Optional 3 rd year - A data quality report (DQR) following the completion of field work for the MCI

10%

Optional 3 rd year annual report on municipal meetings 20%

Optional 3 rd year annual MCI report 10%

Final Report 20%

[END OF SECTION B]

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Economic development requires a healthy and robust private sector. In Kosovo, as it is the case in many developing countries, small businesses are the engine of growth and a large source for job creation.

Although national policies are very important for business operation, municipalities in which these businesses operate can significantly affect their operation.

Over the past five years, USAID has worked closely, through our implementing partners, with national and local governments to improve the legal and regulatory environment in Kosovo. The business environment is a key factor for private investment and economic growth. Under the USAID’s Business

Enabling Environment Program (BEEP), implemented in 2010-2013, the Municipal Competitiveness

Index (MCI) was developed to evaluate the business climate in municipalities and identify opportunities for reforms to improve the business environment. The MCI was based on the Asia Foundation’s Local

Economic Governance Index (EGI) methodology, a tool designed to measure the quality of local economic governance, and has been adopted to reflect Kosovo’s unique circumstances.

The MCI includes a rigorous survey and analysis of the perceptions of businesses throughout all municipalities. The MCI ranks municipalities based on the quality of economic governance, with the primary goal of improving the performance of private businesses. The purpose is to advance private sector development by identifying, and ultimately easing, the barriers to economic activity, as well as facilitating increased dialogue between public and private sectors.

Between the years 2011 – 2014, the MCI played an important role and served as a catalyst to business reforms at the municipal level. Additionally, MCI prompted increased communication between the private sector and their respective municipalities.

Although USAID did not fund the MCI in 2015 and 2016, various stakeholders, including the municipalities expressed continuing interest to conduct the MCI again.

C.2 Purpose/Objective

The purpose of the contract is to help increase municipal governments’ sensitivity to the views and concerns of their business communities; help municipal administrators better understand the proper role of municipal governance in a market economy, and spur them to evaluate and make changes as necessary to their policies and practices, based on the findings of the MCI. The Contractor will accomplish this purpose by completing the following objectives:

1. Conducting an annual survey of economic governance in all Kosovo municipalities, identifying good practices, compiling the results, and ranking each municipality in an annual

Municipal Competitiveness Index Report.

2. Reviewing the Report results with each municipal administration and its residents so they can better understand the survey results, identify best practices and formulate policies that improve economic governance in their respective municipalities.

C.3 Scope of Work

The MCI is a collection of indicators that rely predominantly on the perceptions of business, which are then standardized into a 10-point scale and used to construct various indices. These indices then are compiled into a policy relevant final index or category as outlined below:

1. Barriers to Business Entry: A measure of the time it takes to obtain necessary licenses and permits to start operations; a measure of competition that businesses experience from the informal sector; and the degree to which permitting and registration pose a barrier to business formalization.

2. Participation & Predictability: A measure of whether businesses are consulted on proposed regulations; whether their interests are advanced in new policy; and the degree to which new policies and laws are communicated and enforced in a predictable manner.

3. Transparency: A measure of whether firms have access to information they need on regulations and procedures, as well as municipal budget and planning documents, and whether this information is available to everyone.

4. Time costs of Regulatory Compliance: A measure of how much time firms spend complying with regulations and ease of compliance; and time spent on business inspections by municipal agencies.

5. Taxes & Fees: A measure of degree and ease of tax payments; and a measure of informal negotiations when paying taxes.

6. Municipal Administration: A measure of municipal official capabilities and attitudes towards business; a measure of the cost and degree to which firms need to make informal payments to municipal officers for services; and a measure of equity in municipal tendering.

7. Municipal commitments/payments to service providers and contractors (as business entities): A measure of whether municipalities meet the deadlines for payments to providers and contractors for services received.

8. Labor & Business Support Services: A measure of the quality of available workers; a measure of whether local labor meets business needs; a measure of the availability of regulatory consulting services; and whether business support services are available.

9. Municipal Infrastructure Quality: A measure of the quality of roads, public buildings

(schools, kindergartens, other building structures), street lightening, public spaces (green areas, kid’s playgrounds) and the quality of water and sanitation services.

10. Municipal Infrastructure Investment Maintenance: A measure of whether municipalities maintain investments in infrastructure (measure can be within the last three years).

The Contractor must conduct an MCI and use a representative sample of not less than 3,000 businesses in all 38 municipalities of Kosovo referenced above.

The Contractor must identify best practices in 38 municipalities to augment the results of the MCI, thereby providing valuable information for municipalities regarding reforms that result in a better business environment.

Upon completion of the MCI report, the Contractor must organize an event to launch the report and share the findings. The Contractor must hold follow-up meetings with all municipalities to share best practices and discuss possible reforms to improve the business environment in their respective municipalities.

The Contractor, at a minimum, must complete the following deliverables:

1. MCI work plan describing in detail the activities and the approach to completing the MCI, to be reviewed and approved by USAID

2. A data quality report following the completion of field work for the MCI, which must be qualitative and quantitative in nature. It must include a detailed description of the conditions in which the survey was done, including technical and non-technical issues, possible flaws/limitations in the data, lessons learned for future data collection and sharing of the results with relevant stakeholders, and any other relevant information.

3. Annual MCI report(s) in English, subject to USAID approval, which will be publically issued and translated into Albanian and Serbian which is contractor’s responsibility, and include the results of the surveys and descriptions of good practices in municipalities.

4. Launch event with all municipalities, businesses, and other relevant stakeholders to share and discuss the findings of the MCI.

5. Follow-up meetings with municipal officials to present the findings and discussions featuring presentations about municipalities’ best practices under the MCI survey and possible reforms for improvements.

6. An annual report must be provided to USAID focusing on the work carried out during the follow-up meetings with the municipalities, findings on best practices and other relevant matters, and developments and commitments arising out of the launch and consultations on the MCI findings with municipal officials, businesses, and other relevant stakeholders.

C.6 Links and Coordination with Other Initiatives and Activities

The MCI activity is closely related with other USAID initiatives that work on improving the business environment and economic governance. The contractor is required to coordinate closely with the following USAID project called the “Partnership for Development (PfD)”. The contractor will meet with

PfD team to understand what is the PfD team’s work with municipalities, share information and discuss findings of the report and follow up meetings with municipalities including actions/steps that need to be taken to address issues.

Partnerships for Development (PfD) (Jan.2014 – Sept. 2018) – This project aims to improve the business environment, improve the implementation of construction permitting reforms, spatial planning and legalization of unpermitted buildings and enhancing public financial management.

[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

Contracting Officer; the original should be retained by the Contractor.

The Offeror shall comply with the requirements of the USAID branding policies available at:

www.usaid.gov/branding and appropriately mark all deliverables and public communications with the

USAID brand.

Note: USAID receives “exclusive branding and marking” for the work conducted under all acquisition awards. This means that the foreign assistance delivered is clearly credited to the American people. It also means that competing logos or identities, such as the contractor’s, are excluded unless otherwise indicated in the award (contract).

D.2 BRANDING AND MARKING POLICY

In accordance with provision D.2 above, and where applicable, the Contractor shall 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” (version from January 8, 2007) at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract Clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with clause at FAR “52.252-2 CLAUSES INCORPORATED BY

REFERENE” in Section I of this contract. See FAR 52.252-2 for an internet address (as specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 Inspection of Services – Fixed price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports, and other required deliverables or outputs shall take place at:

Arberia I, St. Ismail Qemali, No. 1

Pristina

Kosovo and at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G has been delegated authority to inspect and accept all services, reports, and required deliverables or outputs, with the exception of the deliverables tied to interim payments in Section B.

[END OF SECTION E]

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PLACE OF PERFORMANCE

The place of performance under this contract is Kosovo.

F.2 PERIOD OF PERFORMANCE

The period of performance for the base period of this contract is two years starting on the effective date on the cover page of the contract.

Based on successful performance as determined by USAID, an option for extension for one (1) additional year after completion of work under the base period is possible.

F.3 DELIVERABLES

The Contractor shall submit deliverables listed below. These are in no particular order.

Deliverables

Due Date

1st year MCI work plan No later than (NLT) 2 weeks after the award

A data quality report (DQR) following the completion of field work for the MCI.

NLT 2 weeks after the completion of fieldwork.

Annual MCI report NLT 3 months after the award (includes time for fieldwork)

Launch event NLT 4 months after the award (event should be no longer than 2 days).

Follow-up meetings with municipalities

NLT 5 months after the award.

Submit the MCI Methodology and 1 st year annual report on municipal meetings

NLT 1 month after follow up meetings.

2nd year MCI work plan No later than (NLT) 2 weeks after start of second year of the award.

A data quality report (DQR) following the completion of field work for the MCI.

NLT 2 weeks after the completion of fieldwork.

Annual MCI report NLT 3 months after the start of second year of the award.

(includes time for fieldwork)

Launch event NLT 4 months after the start of second year of the award.

(event should be no longer than 2 days).

Follow-up meetings with municipalities

NLT 5 months after the start of second year of the award.

2nd year annual report on municipal meetings

NLT 1 month after follow-up meetings.

Optional 3 rd year same as 2 nd year

F.4 KEY PERSONNEL AND STAFFING

Key personnel fill position deemed essential for the successful implementation of the award and should have the relevant technical and managerial experience required for the position. Key personnel will interact with high level officials and should have appropriate credentials and experience for such relationships.

The technical proposal must describe the roles, responsibilities, and reporting relationships of proposed key and non-key staff members, reflecting the positions and skill-sets required to complete the requirements of the Scope of Work in the RFP. The technical proposal shall include the following key personnel:

Project Director/Research Manager

The Offeror must provide, as an attachment, curriculum vitae and other supporting documentation for the proposed key personnel.

Key Personnel – Position Descriptions

Project Director/Research Manager (PD): The PD will be the principal point of contact for procedural and substantive matters. The PD shall coordinate and be responsible for the MCI activity. The PD will be the primary liaison with USAID/Kosovo on technical matters and shall adjust programs and operations in response to USAID/Kosovo technical direction. The PD shall be responsible for responding to the

USAID/Kosovo COR and Contracting Officer. The PD shall also be responsible for ensuring quality control and the overall responsiveness of technical assistance provided under the award. More specifically, the PD will be responsible for (1) technical management and oversight of the program; and

(2) administrative oversight of the award.

The proposed PD shall be a senior level professional having at least a five year proven track record in designing and conducting business surveys and successfully delivering expected outcomes. The PD should have excellent interpersonal skills, strong writing skills, and proven track record of collaboration with multiple public/private stakeholders such as GoK, municipalities, businesses, NGOs, etc. It is critical that the candidate understands policy-making and investment planning and is comfortable operating cross-culturally. The candidate should hold an advanced degree in a relevant field, such as economics, finances or other related field.

F.5 REPORTING REQUIREMENTS

Reporting requirements are summarized below:

The Contractor shall submit the following reports to the COR. Each of the reports shall be submitted electronically using Microsoft Word, Excel, or PowerPoint software. All reports must be written in plain, grammatically correct English. All reports must be approved by the COR.

Reporting requirements are summarized below:

Quarterly Performance Reports

The Contractor must submit quarterly report to the COR that gives insight into the progress of planned activities. The narrative report must include qualitative and quantitative information describing activities carried out and specific results achieved during the quarter. In addition, the narrative report must indicate key implementation challenges encountered and how they were or are planned to be resolved. Reporting periods will coincide with USAID fiscal year quarters, with reports due no later than thirty (30) days after the end of each quarter (October 31, January

31, April 30, and July 31) with a maximum of 10 pages. The report must also include budgeted versus actual expenditures (along with a brief analysis of any variance) and estimated accruals for the quarter.

Annual Performance Report

This report should summarize the information contained in the quarterly performance reports with greater detail provided for the 4th quarter. This report must not be longer than 20 pages.

Closeout Plan

Four months prior to the completion date of the contract, the Contractor must submit a closeout plan for COR approval. The closeout plan must include a) draft property disposition plan, if property was purchased with award funds; b) delivery schedule for all reports or other deliverables required under the contract; and d) timetable for completing all required actions in the closeout plan to the Contracting Officer.

Final Report

The final performance report is a detailed report which summarizes the accomplishments and impact in relation to the expected results. It must contain an executive summary, not to exceed three-page, an index of all reports and information products produced under the contract. The

Type of Report

Due Date

(Days refer to calendar days and quarter refers to the fiscal quarter, unless stated otherwise)

Quarterly Performance Report Quarterly Performance Report is due 30 days after the end of each quarter (October 31, January 31, April 30, and July 31)

Annual Performance Report Annual Performance Report is due 30 days after the last quarter.

Final Report No later than 15 days before the end of Contract

Closeout Plan 120 days before the end of the award.

final report must be submitted no later than 15 days before the end of Contract to the COR, and submitted to the Development Experience Clearinghouse no later than 5 days after the approval of the final report by the COR. An electronic copy must be submitted either by:

(a) Via E-mail: docsubmit@dec.cdie.org;

(b) Via U.S. Postal Service: Development Experience Clearinghouse, 8403 Colesville Road, Suite 210 Silver Spring, MD 20910, USA; or

Online: http://www.dec.org/index.cfm?fuseaction=docSubmit.home.

F.6 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

(a) The Contractor shall prepare and submit progress reports as specified in Section F.4. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the Contractor's performance.

(b) During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the Contractor submits the report or the contracting officer determines that the delay no longer has a detrimental effect on the

Government's ability to monitor the Contractor's progress.

[END OF SECTION F]

http://www.dec.org/index.cfm?fuseaction=docSubmit.home

SECTION G – CONTRATC ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Contracting Office is located at:

Regional Contracting Office

Ismail Qemali (Arberia), House 1

Pristina – Kosovo 1000

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer Representative is TBD.

G.3 TECHNICAL DIRECTION

(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 Contracting Officer, 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 Contracting Officer.

(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 Contracting Officer 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 delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government.

The COR may not take any action which may impact on the contract schedule, funds, scope. All contractual agreements, commitments, or modifications shall be made only by the Contracting Officer.

(c) The COR is required to meet quarterly/semi-annually/annually with the Contractor and the Contracting

Officer concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced. Problem areas should be brought to the immediate attention of the Contracting Officer.

(d) In the absence of the designated COR, the COR may designate someone to serve as COR in their place.

However, such action to direct an individual to act in the COR's stead shall immediately be communicated to the Contractor and the Contracting Officer.

(e) 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 Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

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 other person other than the Contracting Officer, the change will be considered to have been made without authority.

(f) Failure by the Contractor to report to the Administrative Contracting Office, any action by the

Government considered to 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.4 PAYMENT OFFICE

U.S. Agency for International Development

Controller‘s Office

St. Ismail Qemali, house No. 1

10000 Pristina, Kosovo

G.5 INVOICING INSTRUCTIONS

Soft or Electronic copies of the invoices shall be sent to pristinavouchers@usaid.gov with copy the COR’s email address.

Send via email, one invoice, all other required documents, and SF-1034 Public Voucher for Purchases and Services Other Than Personal.

The SF-1034 must be singed, The invoice should provide the bank account detail which should include the bank account number, the bank name and address, the SWIFT Code and the ABA number.

Invoices shall be submitted based on deliverables after the deliverable is completed, received and accepted by COR.

G.5 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.5 ACCOUNTING AND APPROPRIATED DATA

[END OF SECTION G]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PERSONNEL

The personnel proposed and approved during proposal submission will be considered Key to the successful implementation of this Contract.

H.2 LANGUAGE REQUIREMENTS

Level 5/5 English language proficiency is required for the Key Personnel positions.

H.3 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for this Task Order is 937.

H.4 LOGISTIC SUPPORT AND SECURITY REQUIREMENTS

The Contractor is responsible for its own logistical administrative and logistical support. The Contractor will be responsible for its own communications, transportation, translation services, arrangements, and equipment to work sites unless otherwise specified in the contract. In addition, the Contractor is responsible for maintaining the security of its personnel, materials, and equipment commensurate with the circumstances involved. All employees of the Contractor must meet the requirements of their work-site, which may include background checks, security/restricted area clearance, drug-free workplace, safety training and/or other inspections/requirements. The contractor must become familiar with and comply with relevant Chief of Mission rules and requirements, USAID requirements, and applicable Kosovo law.

H.5 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

(a) The Contractor and any employee or consultant of the Contractor is prohibited from using

U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the Contract unless the use of Government facilities or personnel is specifically authorized in the Contract or is authorized in advance, in writing, by the CO.

(b) If at any time it is determined that the contractor, or any of its employees or consultants, has used U.S.

Government facilities or personnel either in performance of the contract itself, or in advance, without authorization in, in writing, by the CO, then the amount payable under the contract shall be reduced by an amount equal to the value of the U.S. Government facilities or personnel used by the contractor, as determined by the CO.

(c) If the parties fail to agree on an adjustment made pursuant to this clause it shall be considered a

"dispute" and shall be dealt with under the terms of the "Disputes" clauses of the contract.

H.6 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

All reports generated and data collected during this project shall be considered the property of USAID and shall not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of a duly-authorized representative of USAID. All findings, conclusions and recommendations shall be considered confidential and proprietary.

H.7 EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts issued under this contract.

H.9 USAID DISABILITY POLICY - ACQUISITION (AAPD-04-17) (DEC 2004)

(a) The objectives of the USAID Disability Policy are (1) to enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (2) to increase awareness of issues of people with disabilities both within USAID programs and in host countries; (3) to engage other U.S. government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and (4) to support international advocacy for people with disabilities. The full text of the policy paper can be found at the following website:

http://www.usaid.gov/about/disability/DISABPOL.FIN.html.

(b) USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the

USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor’s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.

H.10 ACCESS TO CLASSIFIED INFORMATION

The Contractor shall not have access to classified information.

H.11 ENVIRONMENTAL COMPLIANCE

The Contractor will be required to implement the provisions of the Initial Environmental Examination

(IEE) and is responsible for ensuring that all requirements of the Agency's environmental regulations as described in 22 CFR 216 are met, and an amendment, if any, to the approved IEE is submitted in timely manner, as will be approved by the Bureau Environmental Officer.

1. General Requirements

1a) The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of

USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System

(ADS) Parts 201.5.10g and 204 (http://www.usaid.gov/policy/ADS/200/), which, in part, require that the potential environmental impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities. Contractor environmental compliance obligations under these regulations and procedures are specified in the following paragraphs of this Award.

http://www.usaid.gov/about/disability/DISABPOL.FIN.html http://www.usaid.gov/policy/ADS/200/

1b) In addition, the Contractor must comply with host country environmental regulations unless otherwise directed in writing by USAID. In case of conflict between host country and USAID regulations, the latter shall govern.

1c) No activity funded under this Contract will be implemented unless an environmental threshold determination, as defined by 22 CFR 216, has been reached for that activity, as documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment

(EA) duly signed by the Bureau Environmental Officer (BEO). (Hereinafter, such documents are described as “approved Regulation 216 environmental documentation.”)

4. Planning and Reporting

4a) As part of its initial Work Plan, and all Annual Work Plans thereafter, if any, the Contractor, in collaboration with the USAID Contracting Officer’s Representative and Mission Environmental

Officer or Bureau Environmental Officer, as appropriate, shall review all ongoing and planned activities under this contract to determine if they are within the scope of the approved Regulation

216 environmental documentation.

4b) If the Contractor plans any new activities outside the scope of the approved Regulation 216 environmental documentation, it shall prepare an amendment to the documentation for USAID review and approval. No such new activities shall be undertaken prior to receiving written USAID approval of environmental documentation amendments.

4c) Any ongoing activities found to be outside the scope of the approved Regulation 216 environmental documentation shall be halted until an amendment to the documentation is submitted and written approval is received from USAID.

[END OF SECTION H]

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED

BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.202-1 DEFINITIONS (NOV 2013)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT (OCT 2015)

2.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION

AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

COMMERCIAL ITEMS (MAY 2014)

2.204-12 DATA UNIVERSAL NUMBERING SYSTEM

NUMBER MAINTENANCE (DEC 2012)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2015)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC-204-19)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

52.212-4 CONTRACT TERMS AND CONDITIONS –

- COMMERCIAL ITEMS (MAY 2015)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS

— COMMERCIAL ITEMS (JAN 2017)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER

-SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER

-OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JAN 2017)

752.202-1 USAID DEFINITIONS CLAUSE – SUPPLEMENT FOR

USAID (JAN 1990)

752.204-2 SECURITY REQUIREMENTS (FEB 1999)

752.204-72 ACCESS TO USAID FACILITIES AND USAID'S

INFORMATION SYSTEMS (AUG 2013)

752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

752.222-70 USAID DISABILITY POLICY (DEC 2004)

752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

752.227-14 RIGHTS IN DATA – GENERAL (OCT 2007)

752.228-70 MEDICAL EVACUATION (MEDVAC) SERVICES (JUL 2007)

752.247-70 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG

COMMERCIAL VESSELS (OCT 1996)

752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEPT 2013)

752.7006 NOTICES (APR 1984)

752.7009 MARKING (JAN 1993)

752.7025 APPROVALS (APR 1984)

752.7033 PHYSICAL FITNESS (JUL 1997)

752.7034 ACKNOWLEDGEMENT AND DISCLAIMER (DEC 1991)

752.225-4 BUY AMERICAN ACT—TRADE AGREEMENTS (JULY1997)

I.2 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (FEB 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of…