RFP_SOL-167-17-000014.pdf

Request for Proposals (RFP) No: SOL-167-17-000014 Issue Date: August 29, 2017 Questions Due Date: September 7, 2017 at 2pm, Kosovo local time Proposals Submission Due Date: October 11, 2017 at 5pm, Kosovo local time

SUBJECT: Request for Proposal (RFP) #SOL-167-17-000014 for Local Effective Governance

(LEGO) activity in Kosovo

Dear Prospective Offeror:

The United States Government, represented by the U.S Agency for International Development (USAID), through the Regional Contracting Office in Kosovo, is seeking proposals from qualified organizations to implement Local Effective Governance (LEGO) activity in Kosovo, as described in this solicitation.

USAID/Kosovo anticipates awarding one cost plus fixed fee term type contract as a result of this solicitation covering an estimated period of five (5) years from the date of contract award. In order to understand the magnitude of USAID’s requirement, the Government estimates 17,858 professional technical staff person days level of effort (this is an estimate only).

This procurement will be conducted under full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). All types of organizations are eligible to compete;

USAID encourages the participation to the maximum extent possible of all small business concerns and local Kosovar organizations. USAID discourages the use of exclusive agreements as this limits USAID’s and Kosovo’s ability to receive the best services.

Mitigating any potential conflict of interest.

On August 16, 2017, USAID/Kosovo issued a Special Notice No: SOL-167-17-000012 on Federal Business Opportunities (FBO) website http://www.fbo.gov. The purpose of this notice was to release a draft evaluation report for the Advancing Kosovo Together (AKT) project, which accidentally became public. Given that the information in the report was non-public, and the information could inform this solicitation, USAID released the draft report via this special notice. For further reference on submitting their proposals, Offerors should consider the Advancing Kosovo Together (AKT) project Final Evaluation Report, Attachment 5 in section J of this RFP.

USAID reserves the right to amend or rescind this solicitation at any time. If substantive questions are received which affect the response to the solicitation, or if changes are made to the closing date and time, as well as other aspects of the RFP, this solicitation will be amended and amendments to this solicitation will be issued and posted on the Federal Business Opportunities (FBO) website http://www.fbo.gov.

Interested offerors 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.

If your organization decides to submit a proposal in response to this solicitation, it must be submitted in accordance with Section L of this RFP. Questions and Proposals must be submitted only electronically via e-mail on or before the due dates stipulated above, to Dukagjin Hasani at: dhasani@usaid.gov and Urime Abdyli at: uabdyli@usaid.gov and must conform to all requirements outlined in the solicitation.

USAID reserves the right to award the contract subject to availability of funds. This solicitation in no way http://www.fbo.gov/ mailto:dhasani@usaid.gov mailto:uabdyli@usaid.gov

SOL-167-17-000014

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

REQ-167-17-00006808/29/2017

X

USAID/KOSOVO

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

1700 A 10/11/2017

Dukagjin Hasani dhasani@usaid.gov

X

X

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PAGE(S)

Michael Capobianco

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-6 7-8

9-18 19-20 22-30 31-33 34-47

48-55

57-68

69-76

77-80

Local Effective Governance (LEGO) activity in Kosovo

Contents

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE STATEMENT

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED-FEE, AND OBLIGATED AMOUNT

B.4 CONTRACT BUDGET AND CEILINGS

B.5 INDIRECT COST

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FIXED FEE

SECTION C – STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

D.3 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 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PLACE OF PERFORMANCE

F.3 PERIOD OF PERFORMANCE

F.4 PROFESSIONAL TECHNICAL LEVEL OF EFFORT

F.5 KEY PERSONNEL

F.6 PERFORMANCE STANDARDS

F.7 REPORTS AND DELIVERABLES OR OUTPUTS

F.8 DISTRIBUTION OF PROJECT MATERIALS, PARTICIPATION PARTNER MEETINGS

AND PUBLIC EVENTS

F.9 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (Sept 2013)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 PAYMENT AND INVOICES

G.6 ACCOUNTING AND APPROPRIATED DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.2 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.3 AIDAR 752.7027 PERSONNEL (DEC 1990)

H.4 INSURANCE AND SERVICES

H.5 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.6 AUTHORIZED GEOGRAPHIC CODE

H.7 LOGISTIC SUPPORT

H.8 EXECUTIVE ORDER ON TERRORISM FINANCING

H.9 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING

H.10 GRANTS UNDER USAID CONTRACT

H.11 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.12 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.13 LANGUAGE REQUIREMENTS

H.14 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.15 CONSENT TO SUBCONTRACTS

H.16 INTERNATIONAL TRAVEL APPROVAL

H.17 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.18 ENVIRONMENTAL COMPLIANCE AND REQUIREMENTS

H.19 GENDER CONSIDERATION

H.20 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973

AND FEDERAL ACQUISITION CIRCULAR (FAC) 97-27 "ELECTRONIC AND INFORMATION

TECHNOLOGY ACCESSIBILITY

H.21 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.22 AIDAR 752.222-70 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004) . 44

H.23 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.24 ADS 302.3.5.22 SUBMISSION OF DATASTS TO DEVELOMENT DATA LIBRARY (OCT

2014) 45

H.25 ELECTRONIC PAYMENTS SYSTEM

PART II CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

I.2 AIDAR 752-252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) .. 50

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

I.4 FAR 52.247-67, SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB

2006) 51

I.5 FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

I.6 AIDAR 752.7032, INTERNATIONAL TRAVELAPPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

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

I.8 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

I.9 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

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 (JAN 2017)

K.3 FAR 52.209-5, CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.4 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) . 62

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATION REGARDING DELINQUENT

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

K.6 FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

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 52.203-18, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS –

REPRESENTATION (JAN 2017)

K.11 SIGNATURE

SECTION L – INSTRUCTIONS TO OFFERORS

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

1998) 69

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 SUBMISSION/DELIVERY INSTRUCTIONS

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

SECTION M – EVALUATION CRITERIA

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 – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE STATEMENT

The purpose of the Local Effective Governance (LEGO) activity in Kosovo is to strengthen the operations and inclusiveness of municipal governance in municipalities with non-majority communities in Kosovo.

B.2 CONTRACT TYPE

This is a Cost Plus Fixed Fee Term type Contract for an estimated duration of five (5) years. For the consideration set forth below, the Contractor shall provide the deliverables or outputs described in Sections C, and F, and comply with all contract requirements.

B.3 ESTIMATED COST, FIXED-FEE, AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is TBD. The fixed fee, if any, is TBD. The estimated cost plus fixed fee, if any, is TBD.

b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is TBD. The Contractor shall not exceed the aforesaid obligated amount.

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

B.4 CONTRACT BUDGET AND CEILINGS

Cost Category Total

1) Direct Costs TBD

2) Support Funds $3,500,000

3) Grants under the Contract $1,500,000

4) Indirect Costs TBD Total Estimated Cost TBD

Fixed Fee TBD Total Estimated Cost Plus Fixed Fee TBD

These amounts may not be adjusted without a written modification signed by the Contracting Officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item as illustrated above.

B.5 INDIRECT COST

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

Description Rate Base Type Period

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

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

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

Description Rate Base Period

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

1/ Base of Application:

Period:

2/ Base of Application:

Period:

3/ Base of Application Period

(b) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

(c) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR § 52.216-7, “Allowable Cost and Payment,” FAR § 52.232-20, “Limitation of Cost,” and FAR § 52.232-22, “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FIXED FEE

USAID will pay a proportion of the contractor’s fixed fee each month pursuant to FAR § 52.216-8, “Fixed Fee,” upon the receipt of an invoice deemed proper by the USAID/Kosovo Financial Management Office. Payment of fixed fee shall be allocated based upon the proportion of the level of effort (LOE) specified in Section F.4 that was provided by the Contractor in the period covered by the invoice. In the event that the Contractor does not provide the total LOE stipulated in Section F.4, the total amount of fixed fee will be reduced in similar proportion.

The paying office is USAID/Kosovo, Financial Management Office, as specified in Section G.5.

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

Acronym list

AKM Association of Kosovo Municipalities

AKT Advancing Kosovo Together

AWP Annual work plan

CLA Collaborating, Learning, and Adapting

COR Contracting Officer’s Representative

CSOs Civil Society Organizations

DEMOS Decentralization and Municipal Support

EUOK European Union Office in Kosovo

GoK Government of Kosovo

GoS Government of Serbia

GUCs Grants Under Contracts

LEGO Local Effective Governance

MLGA Ministry of Local Government Administration

SDC Swiss Development Cooperation

USAID U.S. Agency for International Development

USG United States Government

C1 TITLE OF ACTIVITY

Local Effective Governance (LEGO)

C2 BACKGROUND

Kosovo is an ethnically diverse land, though Kosovo Albanians comprise approximately 90 percent of the population1. The historical legacy of the many ethnic groups residing in Kosovo, made more pronounced since the breakup of the former Yugoslavia, is one of separate communities. Six newly established municipalities (established with the Ahtisaari plan in 2009) with predominantly Kosovo-Serb populations in southern Kosovo, together with four municipalities in the north (established in 2014), house the majority of the Kosovo-Serb population, estimated at about six percent of the population. According to the Kosovo Conflict Assessment report2, relationships are mostly carried out through state institutions or in business. Tolerance factors, such as willingness to live in the same town or street, or work together is basically unchanged (around the 40th percentile for both groups, though Kosovo Serb responses fluctuate more). These 10 of the 38 municipalities in Kosovo have enhanced levels of autonomy, controlling education and health services, and can even receive funding from the Government of Serbia (GoS) for these purposes. Other non-majority communities, including Kosovo Bosniak, Kosovo Roma, Kosovo Turk, Kosovo Ashkali, Kosovo Gorani, and Kosovo Egyptian, collectively constitute about three percent of the total population, and can be found throughout the country. Non-majority communities are those that are not the majority, including in particular municipalities. For example Kosovo Albanians are non-majority communities in the four northern municipalities. Survey data from MOSAIC3 illustrates that these non-majority populations are not adequately served by their municipalities with essential public services. In fact, data suggests that the Kosovo Serb-majority municipalities, despite receiving resources from Pristina and Belgrade, still fail to properly use these resources to serve citizens’ needs.

Additionally, non-majority communities often do not feel fully invested in the political life of their municipalities because they feel they are not included in decision-making or do not have information about how decisions are made in their municipality. While the Constitution and laws guarantee language rights--a prerequisite for political voice--a lack of information on these laws, growing linguistic differences, and unsympathetic behavior by government officials, denies these rights in practice, thereby exacerbating the sense of alienation. Moreover, a considerable number of Kosovo Serbs, especially in the North, are not equipped with personal documents, amongst others identity cards, driving licenses, and passports. Although laws enshrine inclusion of non-majority groups, women, youth, and others, national politics and rhetoric reinforces divisions rather than promoting a culture of tolerance and inclusion.

Indeed, inclusion has further proven to be elusive as previous assessments have shown that non-majority communities often view “integration” as code for “assimilation.” While that certainly is not the policy, poor compliance with language laws, indifferent implementation of decentralization, and nationalist sentiments among Kosovo- Albanians and Kosovo-Serbs (and other groups) reinforce the feeling among these communities that they are only tolerated, and eventually will have to assimilate to survive.

1 The 2011 census showed that among Kosovo’s 1.8 million citizens 91 per cent are Albanians, 3.4 per cent are Serbs and the remainder belong to other communities, including Kosovo Turks, Kosovo Bosniaks, Kosovo Roma, Kosovo Ashkali, and Kosovo Egyptians. However, roughly 50% of the Kosovo Serb population boycotted the census.

2 USAID (2012) Kosovo Conflict Assessment - Breaking down invisible walls.

http://pdf.usaid.gov/pdf_docs/pnaec930.pdf 3 Mosaic is a UNDP-produced survey of popular perceptions of municipal service delivery.

http://www.ks.undp.org/content/kosovo/en/home/library/democratic_governance/kosovo-mosaic-2015.html http://pdf.usaid.gov/pdf_docs/pnaec930.pdf http://www.ks.undp.org/content/kosovo/en/home/library/democratic_governance/kosovo-mosaic-2015.html

Furthermore, the Kosovo-Serb municipalities themselves, and their structures, are not fully functional, particularly in the north, where Kosovo elected leadership only began forming Government of Kosovo (GoK) municipal structures in 2014, and which continue to lack sufficient capacity and GoK support. In southern Kosovo-Serb municipalities, the creation of the Srpska List led to changes of mayors in four of the six Kosovo-Serb majority municipalities. Support to these municipalities from the GoK remains inconsistent and further support is needed to demonstrate strong commitment to improving these municipalities. For its part, Belgrade seeks to strongly influence the municipalities, through selection of Srpska List candidates and control over resources, including supporting parallel government structures with substantially higher budgets. Economic growth in the north has been weak, with the municipalities preferring to create public sector jobs rather than promote business, which is further hindered by overlapping and competing GoK and GoS bureaucracies and, like all of Kosovo, a high level of corruption. The quality of services, citizen satisfaction, and the overall functionality of the Kosovo-Serb majority municipalities has decreased compared to 2013 (before the election)4.

USAID plans to build on its previous activities in local governance and non-majority inclusiveness.

Importantly, the contractor will build off the AKT activities, but go one step further in making sure that the municipal government is responsible and accountable for organizing community engagement activities and fulfilling its mandate.

C3 PURPOSE

The purpose of this contract is to strengthen the operations and inclusiveness of municipal governance in municipalities with non-majority communities in Kosovo.

C4 THEORY OF CHANGE

IF USAID/Kosovo supports municipal governments to improve the inclusiveness, quality, timeliness, transparency, and equity of municipal services

AND

Helps non-majority and majority populations together make use of local government representational structures, and oversee executive actions

THEN

Local governments will respond to citizens more effectively and equitably, increasing legitimacy of local governments in the eyes of all citizens and there will be sustainable mechanisms to bring together people from different communities and adequately meet their needs.

C5 OBJECTIVES

The contractor must undertake interventions that work towards the following two objectives:

Objective 1: Improved equitable, efficient, and transparent municipal governance which responds to citizens’ priorities with a focus on non-majority participation in democratic structures

4 MOSAIC Survey 2015. http://www.ks.undp.org/content/kosovo/en/home/library/democratic_governance/kosovo-mosaic-2015.html

The contractor must undertake interventions which:

1.1 Strengthen local municipal governments and administration to improve service provision to both majority and non-majority communities.

1.2 Improving the ability of municipalities to articulate their municipal needs to the central-level government.

1.3 Strengthen municipal transparency and outreach to all citizens.

1.4 Strengthen the central-level capacities in outreach and governance to better support municipalities in addressing needs of the non-majority communities and improve municipal service delivery.

1.5 Facilitate linkages between municipalities.

Objective 2: Increased active citizen participation of both majority and non-majority communities in municipal structures

The contractor must undertake interventions which:

2.1 Increase interaction between majority and non-majority communities in joint priority settings.

2.2 Empower all communities to engage with the municipalities and hold them more accountable.

The contractor must work towards breaking down barriers to full participation in political life at the municipal level, including different approaches that build upon AKT aiming to attract youth and women as they present a significant potential to be drivers of change. This means that apart from strengthening the non-majority municipalities, the contractor must also make a conscious effort to help all communities better participate in municipal life in focus municipalities.

Noteworthy, USAID aims at inclusion of non-majority communities through strengthening municipal governance in terms of decision making processes, governance institutions, and society at large. Also, to strengthen the non-majority municipalities, the contractor must build linkages amongst the municipalities (inter-municipal cooperation) and between municipalities and central authorities.

The contractor must support the municipalities to fulfill some of their mandate as per the Law on Local- Self Government (2008) and to improve municipal performance and accountability. The contractor must build on USAID’s previous activities in local governance and non-majority inclusiveness, including its latest activity Advancing Kosovo Together (AKT), but go one step further in making sure that the municipal government is responsible and accountable for engagement with the communities.

Furthermore, the contractor must build upon previous cost-share arrangements with municipal and central level government. The contractor’s interventions must reflect central themes of local ownership and government and community accountability. For instance, the contractor must support the municipal governments to fulfill their mandates in terms of municipal economic development (among others);

therefore the contractor will not be providing grants to businesses, but will assist the municipalities to facilitate economic development, support economic linkages between non-majority and majority businesses, and other municipalities. Moreover, other donors are providing some small and micro-grants that the contractor may leverage in working with the municipalities.

All of the contractor’s interventions in the performance of this SOW must be approved by the Contracting Officer’s Representative (COR) via the annual work plan (AWP). The AWP is a living document and can be amended on an as needed basis with the approval of the COR.

The contractor’s activities must be conducted in the following 14 municipalities: Leposavić/Leposaviq, Zvečan/Zveçan, Mitrovica/Mitrovicë North, Zubin Potok, Gračanica/Graçanicë, Ranilug/Ranillug, Štrpce/Shtërpcë, Obilić/Obiliq, Istog/Istok, Klina/Klinë Dragash/Dragaš, Parteš/Partesh, Klokot/Kllokot, and Novo Brdo/Novobërdë. Additional municipalities may be included, with USAID COR approval, if compelling opportunities arise and if the contractor can demonstrate the ability to scale up interventions without losing the depth of interventions in the municipalities listed above. Furthermore, the contractor must make learning about successful interventions and lessons learned from the activity available to the central level government, all municipalities, civil society, and donors to help expand impact beyond the focus municipalities and as part of the contractor’s Collaborating, Learning, and Adapting (CLA) plan.

For example, supporting national entities such as Ministry of Local Government Administration (MLGA), Association of Kosovo Municipalities (AKM) and, if established, the Association of Serb- Majority Municipalities to promote idea exchanges and peer-to-peer learning among municipal authorities and staff.

Within the first 120 days from the inception of the activity, through use of local consultants, local organizations, or its own staff, the Contractor must submit Year 1 LEGO AWP.

For municipalities with approved municipal annual work plans (MAWP), the contractor must facilitate at least three discussions in each municipality between the municipality and community for the first stage.

These community and municipal discussions should not be seen as a one-off event, but rather as part of the activity and an evolving process, including building trust and relationships with the communities and municipal officials. The contractor must also conduct a review of municipal capabilities, including:

absorption capacity of funds, ability to collect funds, community assessment of interactions with the municipality, community assessment of inter-ethnic interactions in decision-making, and communities’ needs.

For municipalities that do not have a MAWP in place, the contractor must assist in developing and putting it in place prior by conducting community and municipal consultations within the first year of implementation. The contractor must also conduct a review of municipal capabilities, including:

absorption capacity of funds, ability to collect funds, community assessment of interactions with the municipality, community assessment of inter-ethnic interactions in decision-making, and communities’ needs.

Based on the above consultations, plus review of municipal capacities and MAWPs (where applicable), the contractor must complete a Year 1 LEGO AWP which includes a tailored approach for each municipality with a MAWP and a general approach for instituting MAWPs in those municipalities without one. Once the Year 1 LEGO AWP is approved, the contractor must work with the respective municipalities to set targets (meaning the municipality has to agree to the priorities) and enable strengthening municipal governance in each municipality based on municipal and citizens’ priorities.

Also, targets will be set in conjunction with the Support Fund which aims to assist municipalities to meet the needs of their communities. In addition, the contractor must work with the municipality to use existing, or if necessary establish new, processes for better engagement and the inclusion of communities in decision-making and priority setting. Eventually, the goal is that the contractor can stop facilitating discussions between the municipality and communities to allow the municipality to take ownership.

Subsequent to the first work plan, together with USAID, the contractor may adapt and shift assistance for the focus municipalities based on a number of factors, e.g. needs, opportunities, political will, and results.

C6 GUIDING PRINCIPLES

The contractor must ensure that the following guiding principles steer the planning and implementation of this activity:

• Build on previous success of USAID programs to provide incremental and ongoing support.

There are many good practices and efforts that must be continued and deepened to increase sustainability, accountability and prevent backsliding of gains to date.

• Have targeted and practical responses. Repeated sector assessments have revealed the need for more hands-on, ‘learn-by-doing,’ (on-the job skills building and peer-to-peer learning) approaches based on specific needs for that target group and location as a way to deepen efforts, increase sustainability and ownership. One example of this is bringing central level government staff to sit with municipal administration staff to develop their yearly budget projections or develop a mechanism to report service delivery issues at the municipal level to the central level for local administration to develop stronger processes for cooperation with the central government institutions.

• Focus on small but catalytic efforts. Large “drop-in” efforts have created issues of dependency.

Smaller, more catalytic efforts that engage community and key stakeholders, on the other hand, have allowed for citizens and governments alike to have a clearer vision of what can be done and that progress is possible.

• Use incentives (financial and political). Incentives work and while the focus has been on financial incentives there are other incentives more political in nature that the contractor could use such as strategic communications, showcasing successful efforts, and demonstrations of small ‘doable’ progress.

• Address conflict avoidance and isolation with constructive, productive engagement. Every effort of the program must focus on finding ways for communities to come together in an inclusive way. But these efforts--in order to yield the intended effect of increased engagement--must have tangible benefits for all involved that are greater than the risk of conflict or the comfort of isolation.

• Target diverse change actors & leverage them. Kosovo has human resources and capacity that is not being fully utilized which is also causing frustration among its population and high unemployment rates. A recent World Bank report acknowledged that Kosovo’s economic success and integration into European Union (EU) systems will depend on a better utilization its human capital, including youth and women. However, efforts of all stakeholders are needed to promote diversity and inclusion at all levels. Furthermore, previous experience shows strong community leaders also lead to the probability of success and sustainability of interventions.

• Local ownership is critical (including local resources, priorities, and implementation). The contractor must include majority and non-majority communities and municipal governments in the planning, assessments, design, and implementation of this activity. The contractor must design interventions to focus on optimizing the use of local resources, including cost-sharing with the government and other stakeholders, which may mitigate dependency on outside resource flows. The contractor must leverage the existing structures for community engagement, existing funds, and opportunities within the Kosovo system. Previous experience shows that when municipalities invest their own money in community activities they are more involved and efforts more sustainable.

• Hold local government accountable. Support municipalities to fulfill their mandate and strengthen linkages with citizens to keep local governments accountable.

• Inter-municipal collaboration to leverage resources, maximize service delivery and facilitate cross-learning by incentivizing opportunities for more experienced municipalities to provide hands-on training to peers.

• Set priorities for interventions together with communities and municipalities. The contractor must engage local communities and Kosovo organizations, such as local NGOs, consulting firms, local businesses, and think tanks in the planning and implementation of its interventions. The contractor must also integrate an innovative and inclusive approach within the annual work plans for ensuring engagement of local actors throughout activity implementation to promote sustainability through local ownership. The contractor must conduct open and transparent processes to contribute to a perception of fairness with the communities and municipalities.

• Gender and youth. The contractor needs to have an innovative approach to target women and youth throughout the lifetime of the activity and address each objective with gender-specific initiatives and the defined approach and outcome. Since the standard processes of information dissemination do not reach the average rural woman, channels of information must be extended or diversified. The 2012 Conflict Assessment5 stipulates that youth are an overlooked resource– they are generally not part of the power structures, and they have an interest in practical problem solving that can address their concerns. The contractor must address the youth inclusion at local levels and must put an emphasis on youth a catalyzer for peacebuilding processes and mitigation of the conflict in their communities. The contractor must work with the local youth council to resume the action of the municipality, in accordance with local needs.

C7 SUPPORT FUNDS

Support Funds of $3,500,000 must be used to provide planned technical assistance to Kosovo stakeholders via sub-awards (either grants or subcontracts). These funds are also designed to provide USAID maximum flexibility in responding to time-sensitive, unanticipated, or compelling needs and opportunities to improve inclusive municipal governance and strengthen cooperation between majority and non-majority communities. These funds will be used to support interventions that contribute to the achievement of the contract’s purpose.

Support funds must be provided to local organizations to address needs of common interest of their communities, support civic engagement and participatory processes and give communities the ability to effect tangible changes in their communities. In addition, support funds will be used to improve municipal performance and could include providing services or equipment. Funds can also be used to incentivize community groups, for example to increase public speaking and organizational skills of women to organize community engagement and other events between majority and non-majority communities. The contractor must also plan ways to use support funds to incentivize and achieve the targets set out in the municipal annual work plans.

C8 GRANTS UNDER CONTRACT

The Contractor is authorized to use grants under contract (GUCs) up to $1,500,000 to issue grants to CSOs, media, and other non-governmental partners to support initiatives under the objectives of the activity. USAID must be significantly involved in establishing grants guidelines and selection criteria and must approve the grant recipients.

5 The report could be retrieved from: http://pdf.usaid.gov/pdf_docs/pnady739.pdf

C9 DONOR COLLABORATION

The Contractor must collaborate and coordinate at the central and local levels with other donors, including other USAID activities, aiming to avoid duplication of efforts, ensure synergies, and maximize impact and investments. The contractor is expected to collaborate with other USAID implementing partners and donors. Moreover, USAID funded Economic Growth activities support businesses countrywide that are economically viable (supply chain, employment opportunities). While USAID does not envision the contractor providing small business grants in this activity, the contractor must coordinate with other donors giving grants, including USAID Economic Growth activities, the European Union Office in Kosovo (EUOK)6 and the German-funded organization HELP7 to further linkages between communities and amongst municipalities to promote inter-ethnic cooperation and inclusion.

The contractor must work with the Swiss Development Cooperation (SDC) through DEMOS II (Decentralisation and Municipal Support II). LEGO and DEMOS II should coordinate municipal-level activities, especially in the focus areas where both LEGO and DEMOS II will operate. The contractor must focus on avoiding duplication of activities with DEMOS II and seek to find opportunities to increase impact through collaboration if opportunities are available. USAID/Kosovo will also continue to support other activities and the contractor will be expected to collaborate with other implementing partners and other donors. USAID will also provide funding directly to SDC for performance-based grants. SDC will channel these funds to the Government of Kosovo to encourage competition between all 38 municipalities to perform better and help enhance project development and implementation skills and also provide motivation for municipalities to implement innovative management approaches, improve services, engage its citizens, address communities concerns, and become more transparent. Grants will be awarded to the best performing municipalities based on selection criteria. The contractor may be required to develop selection criteria that help meet overall inclusion targets for LEGO and participate in the selection process of municipalities competing for grants. These performance-based grants will provide incentives to municipalities that reach USAID and Government of Kosovo development objectives, including LEGO objectives.

C10 COLLABORATING, LEARNING, AND ADAPTING

USAID seeks to promote learning across stakeholders involved in the implementation of LEGO through Collaborating, Learning, and Adapting (CLA).8 The CLA process is intended to benefit all stakeholders – Kosovo citizens, community representatives, activists, CSOs, GoK municipal governments and central level institutions, and domestic and foreign-based academics, researchers, and students.

CLA Objectives:

6 The EUOK will continue to support small family and micro-businesses through provision of the equipment and business development support.

7 German Government Funded, Hilfe zur Selbsthlife e.V. (HELP) Mission in Republic of Kosovo. HELP will continue to provide small grants to micro-business at the municipal level in at least 11 municipalities until the end of 2018. For 2017, HELP is targeting the following municipalities: Prishtinë/Priština, Gračanica/Graçanicë, Mitrovicë/Mitrovica,Mitrovica/Mitrovicë North, Leposavić/Leposaviq, Vushtrri/Vučitrn, Gjakovë/Đakovica,Gjilan/Gnjilane, Pejë/Peć, Prizren and Novo Brdo/Novobërdë.

8 See: https://usaidlearninglab.org/library/collaborating-learning-and-adapting-more-effective-development-programs and https://usaidlearninglab.org/library/ads-series-200-programming 9 during the course of implementation.

a) Generate Knowledge. The contractor must generate new knowledge and evidence around learning questions identified together with USAID and other stakeholders, as well as questions that emerge during the course of implementation. In filling these knowledge and evidence gaps, the contractor must provide reporting, data, analysis, and gather partners for inclusive reviews of the activity goals and results.

b) Share Knowledge. The contractor must increase knowledge sharing with stakeholders, including sub-grantees, local organizations, central and municipal level GoK, sectoral experts, donors, regional and international organizations, and others to encourage more widespread learning across teams, mechanisms, and sectors. The contractor must work together within a learning network to share information with implementing partners of other USAID activities, such as local stakeholders and other development partners. The contractor must convene forums to share knowledge and also use existing forums within Kosovo and regionally.

c) Incorporate Agile and Adaptive Processes. The contractor must develop adaptive management and implementation processes and must include an adaptive management plan within the annual work plans to allow course correction to respond to unintended effects, changing/emerging realities, and priorities.

Together with USAID, the contractor’s activity work plan, quarterly reports, and periodic progress review meetings must provide a forum for an adaptive approach to change course based on lessons learned and evolving country context. The contractor must stay abreast with political or cultural shifts and recognize when there are windows of opportunity and moments of political and social change when reform is more likely to take root, for example responding to national dialogues initiated by the government or other initiatives. The contractor must prioritize activities together with the COR during work planning and review the prioritization during the quarterly reporting period. If circumstances arise, the contractor with can and should alter activity designs with approval from the COR to accommodate the window of opportunity, as long as the reprogramming does not hold the USG to incurring additional costs unless otherwise directed by the CO. These windows of opportunities may also be captured within interventions proposed in the Support Funds.

C11 MONITORING AND EVALUATION

The contractor must develop specific indicators, benchmarks and targets, and establish baseline data against which subsequent performance can be measured. The contractor must develop an Activity Management Plan, including an Adaptive Management approach, in order to ensure a proactive monitoring of interventions should also be used as a basis to proactively learn and adapt for future interventions.

A final list of indicators, including mandatory Foreign Assistance Framework Standard Indicators, will be confirmed in collaboration with USAID after the award. The contractor must include and analyze sex disaggregated data across all interventions.

LEGO is a five-year activity; USAID/Kosovo will conduct an independent mid-term evaluation to determine the effectiveness of the activity and to provide recommendations on the mid-term adjustments.

USAID is also considering an independent third party monitoring mechanism for this award as part of a learning component under C.7. If USAID utilizes this mechanism, the contractor must work and coordinate with the independent monitoring organization.

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

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

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

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

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

D.2 BRANDING

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 are excluded unless otherwise indicated in the award (Contract).

Program name: This Program will be named the “Local Effective Governance (LEGO) activity in Kosovo”. It is anticipated that the Final Report under this Award will be visibly branded as a USAID project utilizing the appropriate USAID/Kosovo templates

Desired level of visibility: All publications, public materials and documents, public communication, media releases, press conferences and public events should incorporate the USAID identity. Approval by the USAID Mission Development Outreach and Communication Officer to be obtained through COR should be received before using any materials which incorporate the USAID identity.

Limitations: USAID places limitations on the release of sensitive or confidential information in the materials produced in performing the contract. The contractor should consult through the COR with the Contracting Officer and the Regional Legal Advisor or Office of the General Counsel

The Marking Plan enumerates the public communications, commodities and program materials and other items that visibly bear or will be marked with the USAID identity (e.g., program sites, evaluations and reports, events, and commodities). It should include a table specifying the expected program deliverables to be produced under this Award and the whether they will be marked or not. The Marking Plan is where requests for exceptions to marking requirements can be made.

News releases/media alerts must be coordinated with COR. In general, all releases/alerts are issued by the U.S. Embassy on behalf of USAID, and USAID only submits these to the U.S. Embassy Public Affairs Office.

D.3 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” at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at http://www.usaid.gov/branding/, or any successor branding policy.

[END OF SECTION D]

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

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…