SOL-169-17-000011_Activity_Serbia.pdf

USAID

FROM THE AMERICAN PEOPLE

Reauest for Pronosals rRFP) No.: SOL-169-17-000011 Issue Date: 06/28/2017 Questions Due: 07/14/2017, 5:00 PM Bel1>rade time

07/21/2017, 10:00 AM

Pre Proposal Conference Courtyard by Marriott Belgrade City Center

4 Vase Caraoiea, BeoPrad I I 000

Closing Date: 09/22/2017, 5:00 PM Belgrade time

Subject: RFPNo. SOL-169-17-000011 Business Enabling Environment Reform Activity (the "Activity")

To All Prospective Ofrerors:

The United States Government, represented by the U.S. Agency for International Development

· (USAID) through its Mission in Serbia (USAID/Serbia), is soliciting proposals from qualified organizations interested in providing the services described in the attached solicitation. USAID/Serbia anticipates awarding one cost plus fixed fee term type contract with a period of performance of four

(4) years. In order to understand the magnitude of USAID's requirement, the Government estimates

12,500 professional technical staff person days level of effort (this is an estimate only). This requirement is subject to the availability of funds. The principal geographic code for this contract is

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

541990.

This procurement will be conducted through a full and open competition process under which any type of organization is eligible to compete. The procedures are set forth in the Federal Acquisition

Regulation (FAR) Part 15.

Only electronic proposals will be accepted. Proposals must be sent to arexhepi@usaid.gov and bbulatovic@usaid.gov. Detailed requirements for Offerors' proposals are outlined in Section L of this solicitation. Proposals must be signed by an official who is authorized to bind the organization and are to be submitted to USAID no later than the closing date and time stated above.

Any questions regarding this solicitation must be submitted in writing via email to Albert Rexhepi at arexhepi@usaid.gov and Branislav Bulatovic at bbulatovic@usaid.gov by the date and time specified above.

This solicitation, amendments to this solicitation, and announcemenfof contract award will be made available through the government point of entry at https://www.fbo.gov/. It is the Offeror's responsibility to check this site periodically for official updates to this solicitation. Issuance of this solicitation and the submittal of a proposal do not constitute a commitment on the part of the U.S.

Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

Thank you for your interest in working with USAID/Serbia.

Car ton Bennett Regional Contracting Officer USA ID/Kosovo

BEE

SOL-169-17-000011

Page I of92

SOL-169-17-000011

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

1 92

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

06/28/2017 X

USAID/KOSOVO

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

Albert Rexhepi +38 2242 arexhepi@usaid.gov

138-5959

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X

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PAGE(S)

Carlton Bennett

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

6-8

9-13 14-14 15-15 16-22 23-26 27-45

46-66

67-67

68-78

79-88

89-92

Business Enabling Environment Reform Activity SOL-169-17-000011

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

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

B.4 CONTRACT BUDGET AND CEILINGS

B.5 PAYMENT OF FIXED FEE

B.6 COST REIMBURSABLE

B.7 INDIRECT COSTS

B.8 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

C.2 GOAL

C.3 BACKGROUND

C.4 THEORY OF CHANGE

C.5 OBJECTIVES

C.6 ACTIVITY IMPLEMENTATION

C.7 COORDINATION WITH OTHER USAID ACTIVITIES AND STAKEHOLDERS

SECTION D – BRANDING AND MARKING

D.1 MARKING AND BRANDING STRATEGY

D.2 AIDAR 752.7009 MARKING (JAN 1993)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 PROFESSIONAL TECHNICAL LEVEL OF EFFORT

F.6 REPORTS AND DELIVERABLES

F.7 KEY PERSONNEL AND STAFFING PLAN

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

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

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 PAYING OFFICE

G.5 ACCOUNTING AND APPROPRIATION DATA

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.8 CONTRACTOR’S PAYMENT ADDRESS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) ... 28

H.3 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

H.4 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013)

H.5 ADS 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014)

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

H.7 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.8 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.9 AIDAR 752.7031 LEAVE AND HOLIDAYS (OCT 1989)

H.10 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 35

H.11 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004)

H.12 AUTHORIZED GEOGRAPHIC CODE

H.13 EXECUTIVE ORDERS ON TERRORISM FINANCING

H.14 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.15 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.16 LOGISTICAL SUPPORT

H.17 LANGUAGE REQUIREMENTS

H.18 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

H.19 FRAUD REPORTING

H.20 ENVIRONMENTAL COMPLIANCE

H.21 DISCLOSURE OF INFORMATION

H.22 FACILITIES USED FOR RELIGIOUS ACTIVITIES

H.23 ELECTRONIC PAYMENTS SYSTEM

H.24 DBA INSURANCE

H.25 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

H.26 CLOUD COMPUTING (MAY 2016)

H.27 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.28 CONSENT TO SUBCONTRACT

PART II – CONTRACT CLAUSES

SECTION I

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) 49

I.3 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT

2015)

I.4 FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (APR 2015)

I.5 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.6 FAR 52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997)

I.7 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.8 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.9 FAR 52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

I.10 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR

1990) 63

I.11 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006)

I.12 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED

AFTER AWARD (JUN 1993)

I.13 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.14 AIDAR 752.7025 APPROVALS (APR 1984)

I.15 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JUL 2014)

I.16 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE

2008) 66

I.17 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

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

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) 69

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

2015) 72

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

2013) 73

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

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

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

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

(OCT 2015)

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

CHANGES (APR 2005)

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

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

(APR 2015)

K.11 INSURANCE—IMMUNITY FROM TORT LIABILITY

K.12 AUTHORIZED NEGOTIATORS

K.13 SIGNATURE

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

(FEB 1998)

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

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

L.4 GENERAL INSTRUCTIONS TO OFFERORS

L.5 PROPOSAL SUBMISSION

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF PAST PERFORMANCE

M.4 COST PROPOSAL EVALUATION

M.5 DETERMINATION OF COMPETITIVE RANGE

M.6 SOURCE SELECTION

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide technical assistance and other services as described in detail in Section C for the implementation of USAID/Serbia’s activity entitled “Business Enabling Environment Reform Activity”.

B.2 CONTRACT TYPE

This is a cost-plus-fixed-fee (CPFF) term-type contract. For the consideration set forth below, the Contractor must provide the level of effort described in Section F.5 to accomplish the goals and objectives set forth in Section C.

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, is $TBD. The fixed fee for the contract period is $TBD. The total estimated cost plus all fixed fee 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 of the contract period hereunder is $TBD. The Contractor must not exceed the aforementioned 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

a) The contract budget found herein is based on the Contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract.

b) The following itemized budget sets forth the estimates for individual line items of cost:

Cost Category Amount Total Estimated Cost $TBD Fixed Fee $TBD Total Estimated Cost Plus Fixed Fee $TBD

B.5 PAYMENT OF FIXED FEE

Subject to FAR 52.216-8, Fixed Fee, if applicable, payment of fixed fee shall be allocated based upon the proportion of the level of effort (LOE) specified in Section F.5 that was provided by the Contractor in the period covered by the invoice. Normally, the Contractor will be paid the portion of the fee specified that corresponds to the proportion of LOE delivered by the Contractor during the period covered by the invoice. In the event that the Contractor does not provide the total LOE stipulated in Section F.5, the total amount of fixed fee will be reduced in similar proportion.

B.6 COST REIMBURSABLE

The U.S. dollar costs reimbursable must be limited to those costs determined to be necessary, allocable, allowable and reasonable. Payment must be made in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

B.7 INDIRECT COSTS

The contract clause entitled “Allowable Cost and Payment (DEC 2002)”, FAR 52.216-7, specifies that the indirect cost rates must be established for each of the Contractor’s accounting periods that apply to this contract. Pending establishment of revised provisional or final indirect rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For each of the major subcontractor(s)*

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

*“Major Subcontractors” are those subcontractors whose proposed cost exceeds 10% of the total estimated contract cost.

B.8 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

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

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

Description 2017 2018 2019 2020 2021

TBD % % % % %

For each of the major subcontractor(s)* Description 2017 2018 2019 2020 2021

TBD % % % % %

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

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

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

This contract is considered non-severable, and is therefore a multi-year contract as defined in FAR

17.103. Therefore, this contract is subject to the requirements of FAR 17.106.

a. Performance under this contract during the second and subsequent years is contingent upon the appropriation of funds. All program years except the first are subject to cancellation. Cancellation shall occur by the dates specified below if the Contracting Officer:

1. notifies the Contractor that funds are not available for contract performance for any subsequent program year or

2. fails to notify the Contractor that funds are available for performance of the succeeding program year.

b. Cancellation Ceiling:

This is a CPFF type contract where the Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.”

Therefore, the Contractor will not incur any costs which would have been amortized over the life of the contract should the contract be cancelled in accordance with FAR 52.217-2.

The Government’s liability for cancellation charges shall not exceed $TBD. This amount will be reduced in accordance with FAR 17.106-1(c)(1) at the conclusion of each program year, as follows:

Program Year Cancellation Date Cancellation Ceiling Year 1: 2017/2018 N/A N/A Year 2: 2018/2019 DATE TBD, 2018 $TBD Year 3: 2019/2020 DATE TBD, 2019 $TBD Year 4: 2020/2021 DATE TBD, 2020 $TBD

[END OF SECTION B]

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

USAID Business Enabling Environment Reform Activity (the “Activity”).

C.2 GOAL

The goal of the Activity is to improve conditions for broad-based economic growth through improvements in Serbia’s business enabling environment.

C.3 BACKGROUND

Detailed background information relevant to this Activity can be found in Attachment 1 of this solicitation.

C.4 THEORY OF CHANGE

Over the past few years, Serbia has made significant improvements to its business enabling environment, and has strengthened its processes for economic policy development and implementation. These efforts have improved the competiveness of the Serbian economy and have made significant improvements to Serbia’s macroeconomic recovery. Nonetheless the costs to the private sector of complying with regulation, seeking government services and licenses, adjudicating disputes, and accessing the resources necessary for growth all remain high. Mutual distrust between public and private stakeholders adversely impact the norms and incentives that govern the Serbian private sector.

Given the impact of economic policy and governance on the environment for private sector development, continued progress on the development and implementation of policies that can more positively affect the relationships and incentives that shape the behaviors of the public and private sector in economic matters will be key. At the same time, the reforms Serbia will need to undertake to build a foundation for broad-based, sustainable economic growth will be politically difficult to develop and implement. Thus, the development of an inclusive process that engages interested stakeholders in identifying key constraints to private sector growth is crucial. Attention to the development of a clear legal and regulatory framework that achieves its objectives at reasonable cost for the benefit it provides to the private sector, enables all actors to clearly understand the rules within which they must operate and is capable of evolving over time based on changing needs, circumstances and commitments will also be critical. Finally, the effective, transparent, predictable and accountable implementation of reforms will be key to bolstering the private sector trust in the business enabling environment that will be critical to catalyzing private sector-led economic growth and increased investment.

The Activity’s theory of change is that if public and private collaboration to improve the legal and regulatory framework for private sector growth is strengthened, and effective solutions for the transparent, predictable and accountable implementation of reforms are pursued in a manner where the value of the services provided exceed the costs, then private sector confidence in the regulatory environment will be increased, building a durable foundation for increased private sector investment and competitiveness.

C.5 OBJECTIVES

The purpose of the Activity is to improve the competitiveness of the Serbian private sector, through improvements in the business enabling environment that remove regulatory constraints to private sector growth. Activity interventions will also assist in increasing the predictability and transparency of the business enabling environment, thereby creating a stronger foundation for investment and private sector growth.

In order to achieve this purpose, the Activity must focus on identifying and facilitating those improvements within the business enabling environment that have the greatest potential impact on overall predictability and stability of the business environment and private sector investment and growth. Simultaneously, it must focus on the development of approaches to expand the volume and diversity of financial services available to small and medium enterprises (SMEs) to enable these SMEs to invest in growth, expand their operations and increase their competitiveness.

Accordingly, the Activity will have two objectives:

Objective 1: Improve the business environment and related administrative efficiency in selected areas;

Objective 2: Improve SME access to finance.

All of the Contractor’s interventions in performance of this Statement of Work (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.

C.6 ACTIVITY IMPLEMENTATION

In order to achieve activity objectives, the Contractor must focus its interventions on the development and facilitation of improvements to the business enabling environment and access to finance. The Contractor must collaborate with the business community and the Government of Serbia to identify and reach agreement on interventions that will have the greatest potential impact on the predictability and stability of the business environment and private sector investment and growth. These interventions may be in the form of policy reforms, improved implementation of reforms, or the introduction of new processes or practices that improve the conditions for doing business in Serbia.

The priority areas for intervention will be proposed by offerors during the competitive process.

In developing an implementation approach for the Activity the Contractor must consider and include relevant actors, institutions, formal and informal norms and incentives that shape the business enabling environment in Serbia, to better understand the economic and political dynamics that affect the environment and reforms to it. At the same time, the current context of the EU accession process must be considered, the legislative and institutional reforms that will need to be prioritized by the Government of Serbia to maintain its progress toward EU accession, and how these will affect the business enabling environment in the near term. In doing so, the Contractor must work to identify those governmental and non-governmental stakeholders who have an interest in supporting the improvements sought by the Activity, and strengthen the relationships between these stakeholders.

Finally, the Contractor must also maintain a focus on strengthening the capacities of key Serbian private sector and government actors to be better able to successfully implement the business environment improvements that have been targeted.

The Contractor must propose at least two targets that the Contractor will measure in terms of improvements to the business enabling environment and access to finance, based upon the priority areas identified in their proposal. The targets must be approved by the COR prior to beginning any interventions during the implementation of the contract. The targets must be measured as improvements to the business enabling environment and access to finance. An independently verifiable method of verification for measuring achievement of the targets must be utilized, e.g. an established index.

Indicators could include:

• Overall Distance to Frontier score measured by the World Bank’s Doing Business index;

• Burden of Government Regulations measured by the World Economic Forum’s Global Competitiveness Report;

• Financial Market Development measured by the World Economic Forum’s Global Competitiveness Report;

• Getting Credit as measured by the World Bank’s Doing Business Index.

When implementing interventions and priority areas to work in, the Contractor must apply the following principles:

1) Focus on root causes. The Contractor must place emphasis on those constraints within the business enabling environment that are both binding and amenable to change, as well as the incentives that influence the behaviors of the public and private sector in economic matters.

Alleviating these particular constraints in a way that effectively accounts for these incentives will allow for more systemic change to stimulate private sector-led economic growth. The Contractor may conduct deeper analysis to identify the root causes of the challenges identified, engage prospective partners to solidify interest in addressing these challenges, and develop interventions focused on addressing these challenges and causalities, to be agreed upon at the work plan stage.

2) Facilitate change through the local system. The Contractor must seek to engage relevant local stakeholders as well as to strengthen the system for effective communication and dialogue about the business enabling issues that will be the focus of Activity interventions.

The Contractor must seek to strengthen the system of economic governance in Serbia by facilitating the growth of relationships between private sector, government, civil society, and academic stakeholders as well as other interested actors. The quality of these relationships is key to upgrading and improving the overall business climate in Serbia. By facilitating through local actors the relationships formed and capacities developed will inherently rest within the local system and will be more likely to be sustained over time.

The Contractor is expected to maximize its flexibility to respond to assistance needs within the selected reform areas. Technical assistance and training activities must be defined and developed in close consultation with the Government of Serbia and business sector counterparts and agreed to in annual work plans that may be updated to reflect changing needs. In addition to these counterparts, the Contractor must also consider and engage other actors with an interest in and influence upon the selected reform areas, including academia, the media, and civil society. The Contractor is encouraged to suggest innovative ideas and pathways to achieve the Activity’s objectives, and to invest resources in piloting and refining approaches to improve the business enabling environment in Serbia over the course of activity implementation. During activity implementation the Contractor may propose additional and/or alternative tasks under each component if the Contractor believes these will better serve to meet USAID’s objectives and expected results.

The Contractor is authorized to propose and utilize a Grants Under Contract (GUC) and/or subcontracting mechanism as part of its interventions within the Activity. Given the availability of local partners and expertise in Serbia for business enabling environment-related initiatives, and USAID’s intention to be flexible and able to react and provide support for emerging reform opportunities, it is expected that the Contractor will propose significant engagement with local partners to further Activity objectives.

The Contractor must also explore opportunities for leveraging resources with other key stakeholders as a part of its implementation approach. Co-investment is not only critical to maximizing the impact of USAID/Serbia resources, but can also serve as a valuable indicator of the alignment of Activity interventions with government, private sector and international priorities and interests. Examples of this approach could include:

● Close donor coordination to leverage resources and synergies between programs that have similar objectives.

● Direct engagement with the private sector to understand their investment criteria and priorities in order to effectively anticipate the impact of private investment choices in contributing to Activity objectives.

● Government of Serbia or other development partner cost-sharing.

Continuous Learning

While USAID’s Evaluation Policy calls for evaluative activities that focus on performance and impact, learning can also include activities between monitoring and impact evaluation and can underscore the need for mid-course corrections, while improving the results of activity implementation. The Activity has been designed to enable adaptive approaches to achieving objectives, informed by ongoing contextual analysis. The Contractor must continually assess the effectiveness of the interventions, evaluate whether those interventions are succeeding, apply lessons learnt and adapt work appropriately.

In addition to presenting a Monitoring, Evaluation and Learning (MEL) Plan, the Contractor must implement a methodology, approved by USAID, that identifies the Contractor’s approach to integrating monitoring, evaluation and learning throughout contract implementation, how they will capture how results are being achieved and how they will integrate the results of ongoing analysis as well as feedback from partners, stakeholders and beneficiaries into activity implementation.

USAID/Serbia recognizes that the success of the Activity will depend on the contributions of actors directly and indirectly engaged with the activity, as well as well as institutions and processes beyond the manageable interests of the Contractor, and those changes in the local context may have implications for the achievement of results. Significant shifts within the broader country context may require the adaptation of approaches and the revisiting of indicators to address these changes. As discussed above, the Contractor must regularly revisit its baseline assessment to assess progress and whether assumptions continue to hold, and may request changes to the MELP with the concurrence of

USAID.

If necessary, the Contractor must collaborate with an external USAID team to assist in the process of designing a robust, high-quality and efficient monitoring and evaluation (M&E) system that can adequately support the data needs of USAID/Serbia and a mandatory formal external evaluation process over the life of the activity.

C.7 COORDINATION WITH OTHER USAID ACTIVITIES AND STAKEHOLDERS

The Contractor must implement the contract in close coordination with other USAID and other donor-supported activities in Serbia, and regionally to the extent there is alignment with the contract’s objectives. In particular, these other activities include the Competitiveness Systems Strengthening (CSS) activity. For example, both the Activity and CSS might be engaged in interventions to address SME access to finance, with the Activity focused on addressing the overall regulatory environment and supply side issues and CSS seeking to improve SME access to finance within the selected value chains as part of its overall efforts to improve SME competitiveness through value chain strengthening.

The Contractor must coordinate the implementation of this activity with new programming with local partners to build a sustainable institutional and procedural framework for public private dialogue, and may engage the partners, beneficiaries and institutions involved with this activity to contribute to the achievement of Activity objectives as appropriate. Similarly, the Contractor must coordinate with the

USAID Serbia activity for the Inventory, Reduction and Monitoring of Para-fiscal Charges, and may leverage the activity’s efforts towards improving the transparency and rationality of Serbia’s system of charging businesses fees for various services to support the achievement of Activity objectives where appropriate.

The Contractor must coordinate closely with the EU and its implementing partners to ensure complementarity of approaches and partnerships. Similarly, the Contractor must establish and maintain collaboration with the World Bank, the Swiss Development Cooperation, GiZ, the Swedish International Development Agency (SIDA), and the U.K. Embassy, all of whom have ongoing business enabling environment activities. The Contractor must ensure that the Activity takes into consideration these initiatives and maintains complementarity with these donors’ approaches.

In addition, different business associations and economic think tanks will be a significant partner in this implementation approach. Therefore, coordination and dialogue will be essential throughout the life of the Activity. The Contractor may pursue these partnerships through the intensive facilitation of public-private dialogue (PPD) efforts, solicitation of sub-contractors, grants under contract, memoranda of understanding, or co-funding of activity interventions where feasible. The Contractor’s partnerships with the private sector and other key stakeholders are a necessary condition for successfully addressing the contract’s main objective.

[END OF SECTION C]

SECTION D – BRANDING AND MARKING

D.1 MARKING AND BRANDING STRATEGY

The Contractor shall submit a final branding implementation plan and marking plan no later than 30 days after award. The plan must be in accordance with ADS 320.3.2. The plan must be submitted to the Contracting Officer’s Representative (COR) for approval.

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 https://www.usaid.gov/sites/default/files/documents/1868/320.pdf; and USAID “Graphic Standards Manual” available at https://www.usaid.gov/branding or any successor branding policy.

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

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

D.2 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.

[END OF SECTION D]

https://www.usaid.gov/sites/default/files/documents/1868/320.pdf https://www.usaid.gov/branding https://www.usaid.gov/branding/acquisition-awards

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 "52.252-2 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.

NUMBER TITLE DATE

FAR (48 CFR Chapter 1)

52.204-14 SERVICE CONTRACT REPORTING

REQUIREMENTS OCT 2016

52.246-5 INSPECTION OF SERVICES –

COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

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

[END OF SECTION E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

ALTERNATE I APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance is four (4) years from date of contract award.

F.3 PLACE OF PERFORMANCE

The place of performance is Serbia.

F.4 PERFORMANCE STANDARDS

USAID will evaluate the Contractor’s performance in accordance with FAR 42.15, corresponding USAID procedures, and the Contractor’s adherence to the annual work plan, reporting against its Monitoring, Evaluation and Learning (MEL) Plan, and quality reports described in Section F.6 below.

USAID will evaluate the Contractor’s performance during the initial, intermediate, and final periods of the contract in accordance with the Contractor Performance Assessment Reporting System

(CPARS).

Evaluation of the Contractor's overall performance will be conducted on an annual basis jointly by the COR and the CO, and will form the basis of the Contractor's permanent performance record with regard to this contract. The following general performance standards will form the basis of the evaluation for the Contractor Performance Assessment Report (CPAR):

1. Quality of Product and Service;

2. Schedule;

3. Cost Control;

4. Management;

5. Regulatory Compliance.

F.5 PROFESSIONAL TECHNICAL LEVEL OF EFFORT

a) In order to understand the magnitude of USAID’s requirement, the Government estimates 12,500 professional technical staff person days level of effort (this is an estimate only). The Contractor must provide the level of effort of professional technical employee, consultant, and subcontractor labor for the contract period of performance specified in Section F.2 above. This labor can be US, third country or local staff and can be long or short-term labor. It must not include administrative positions such as the Program Officer, Human Resources Manager, Administrative Assistant, Administrative Manager, Program Assistant or any other position that has the primary function of providing administrative support to the contract. The Chief of Party and Deputy Chief of Party are included as professional technical labor. (For the list of duties, responsibilities and required qualifications for the Key Personnel, please see Section F.7.)

b) The number of person-days for any labor category may be used in any other labor category, subject to the written approval or direction of the COR. Once the level of effort has been fully expended, the contract is complete.

c) The level of effort by labor category is set forth as a table in Attachment 5 (note that this table is based on the Contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract).

F.6 REPORTS AND DELIVERABLES

In addition to other required reports and deliverables in this contract, the Contractor must deliver the following for the approval of the COR. Unless otherwise specified, the Contractor will allow at least 10 business days for review and comments from the COR on any draft report submission.

All reports and plans are subject to written approval by the COR, except for the Property Disposition Plan which is subject to the Contracting Officer’s approval.

The following table summarizes the deliverables and reports under this award. Other reports/deliverables may be required during the course of the award. These reports/deliverables will be within the scope of the contract, and the due dates for these will be agreed to between the Contractor and the COR as needed.

No. Report/Deliverable Reference Due Date

1 Branding Implementation Plan and Marking Plan D.1 Within 30 days of effective date of contract

Annual Work Plan (AWP)

F.6(a)

Draft 1st Year AWP: Within 45 days of effective date of contract Final 1st Year AWP: Within 15 days of receipt of COR comments Draft Subsequent AWPs: 30 days before anniversary of contract award date Final Subsequent AWPs: Within 15 days of receipt of COR comments

3 Monitoring, Evaluation and Learning (MEL) Plan F.6(b)

Draft: Within 45 days of effective date of contract Final: Within 15 days of receipt of COR comments

4 Quarterly Progress Reports F.6(c) Within 15 days after end of each fiscal quarter

5 Quarterly Financial Reports F.6(d) Submitted with Quarterly Progress Reports

6 Monthly LOE Report F.6(e) Within 5 working days after the end of the preceding month

7 Demobilization Plan F.6(f) 90 days before contract completion date

8 Final Report F.6(g) 30 days before contract completion date

In accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor must submit reports, deliverables or outputs to USAID as further described below. All reports and other deliverables must be in the English language.

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

F.6(a) ANNUAL WORK PLAN (AWP)

1. Initial Annual Work Plan

Within 45 calendar days after the start date of the Contract, the Contractor shall present an Initial Work Plan to the USAID COR for review and approval (electronic copy). The COR must provide written comments on the draft Plan and when the Plan is finalized, the COR will provide written approval.

The Initial Work Plan should include a list of tasks to be completed during the year, grouped under the objective that they seek to support. For each task, the Contractor should 1) explain in brief its connection to the objective; 2) define the necessary steps to complete the tasks; 3) assign responsibilities for completing those steps; 4) provide any quantitative or qualitative targets; and 5) a timeline for the implementation of the task.

The COR will review the Plan and provide comments and recommendations for changes no later than 30 days after receipt of the draft. No later than 15 calendar days after receipt of COR’s comments the Contractor will incorporate COR’s comments and recommendations into the final version of the Initial Work Plan and submit it for COR’s written approval. All substantial changes to the Initial Work Plan require prior written approval of the COR.

2. Subsequent Annual Work Plans

Subsequent Annual Work Plans are due no later than 30 calendar days before the beginning of succeeding contract years. The Contractor shall submit the Annual Work Plan to the USAID COR for review and written approval in electronic format. The Contractor will incorporate any required revisions into a Final Work Plan no later than 15 calendar days after receipt of COR’s comments.

The Annual Work Plan must define in detail how the Contractor intends to organize its work to implement the tasks outlined in the SOW and achieve expected results within each of the tasks. The Annual Work Plan must be consistent with the Monitoring, Evaluation and Learning (MEL) Plan. If necessary and given USAID consent, the Contractor may revise the Annual Work Plan. USAID reserves the right to review and re-approve Annual Work Plans quarterly or on an as-needed basis.

In all Annual Work Plans, the Contractor must:

(a) Provide a brief narrative to define each task assignment, propose a completion date and state who will accomplish the task;

(b) Identify milestones as well as deliverables under each task and propose deadlines for their completion;

(c) Identify any assumptions used in preparing the Annual Work Plan, suggest possible modifications to the approach, if needed, and describe anticipated problems or potential barriers with regard to achieving the activity objectives; and

(d) Propose a milestone-based schedule for the activity evaluation and review.

F.6(b) MONITORING, EVALUATION AND LEARNING (MEL) PLAN (MELP)

The MELP must specify indicators, targets, and methodologies that allow the Contractor and USAID/Serbia to monitor the progress of project activities towards achieving expected results and targets related to project objectives and accountability. Measuring specific outputs, outcomes and impacts will facilitate a better understanding of which approaches are working under which conditions, and which activities need to be refined or strengthened within each of the respective components of the project. The draft MELP must be submitted no later than [45 days] after contract award.

The COR will review the plan and provide comments and recommendations for changes no later than 15 days after receipt of the draft. The Contractor shall incorporate COR comments and recommendations into the final version of the MEL Plan and submit it for COR written approval within 15 days. After the plan is finalized, the COR will provide written approval. All substantial changes in the MEL Plan require prior written approval of the COR.

The Activity MEL Plan submitted to USAID should include only those indicators that the USAID Mission needs for activity management, rather than the entire set of all indicators an activity implementer uses for its management purposes. Activity budget must include costs of data collection, analysis, and reporting as a separate line item to ensure that adequate resources are available.

In developing the MEL Plan, the Contractor must report on relevant indicators defined under USAID/Serbia’s CDCS Results Framework (Attachment 6) to the extent Contract interventions address these indicators. In addition, USAID/Serbia is mandated to measure and update the Balkan Regional Economic Growth (B-REDI) results framework (Attachment 7). The Contractor must familiarize themselves with this results framework and incorporate key indicators from it into the proposed MEL Plan to the extent Contract interventions and results address the above mentioned frameworks.

The Contractor is encouraged to propose additional, specific metrics that uniquely capture the effectiveness and impact of the Activity. Specifically, the Contractor is encouraged to consider including indicators that can capture broader systemic changes that could result from Activity interventions. These indicators could include the institutionalization of reforms, processes or social changes related to Activity priority areas, changes in public opinion around priority areas, or changes in investments or resource allocation patterns related to changes supported by the Activity.

The MEL Plan should include a comprehensive strategy for monitoring and reporting progress made towards activity purpose and results. The MEL Plan should contain the following required elements:

• activity purpose and results as well as brief description of the linkages between the activity outputs and its expected results;

• performance indicators and their descriptions;

• unit of data measurement;

• disaggregation by sex (as appropriate and feasible);

• data sources;

• description of data…