SOL-169-17-000012_Amendment_02.pdf

V%coV^ FROM THE AMERICAN PEOPLE

Request For Proposals (RFP) No.: SOL-169-17-000012 Amendment // 02

Issue Date: 09/13/2017

Questions Due: 09/20/2017. 5:00 I'M Belgrade time Closing Date: 10/20/2017. 5:00 I'M Belgrade time

Subject: RFP No. SOL-169-17-000012 Amendment ft 02 Government Accountability Initiative Activity (the "Activity")

Dear Prospective Offerors:

The purpose of this amendment is to:

1. Revise Solicitation Section C - STATEMENT OF WORK: Section F.7 KEY PERSONNEL AND STAFFING PLAN: and Section L.6: INSTRUCTIONS LOR THE DEVELOPMENT OF THE TECHNICAL

PROPOSAL:

2. Extend due date for proposals through 10,20/17;

3. Pro\ ide answers to initial set ol'questions and questions asked during pre-proposal conference on 8/23/17;

•1. Revise ATTAC11MLNT 4 LEVEL OL EFFORT (l.OL) TABLE;

5. Provide ATTACHMENT 6 PAY SCALE USAIDSLRBIA LOCAL COMPENSATION PLAN; and

6. Include opportunity for additional questions by due date of 09/20/17.

Offerors should note the change in the SOW at Section C.4. Among other requirements, the Contractor must establish an electronic register of corruption cases. Offerors arc being provided a "plug figure" of S200.000.00 for the purchase of IT equipment, including hardware, software, system development and licenses.

Only electronic proposals will be accepted. Proposals must he sent to arexhepi@usaid.g0v and hbulato\ ic:</usaid.go\. 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 he submitted to USAID no later than the closing dale and time stated above.

.Any questions regarding this solicitation must he submitted in writing via email to Albert Re.xhepi at arevhepiV/ usaid.go\ and Branislav Bulatovicat bbitlatov ic w;usaid.gov by the date and lime specified above.

This solicitation, amendments to this solicitation, and announcement of contract award will be made available through the government point of entry at hiips:;'/www,|po.<w/. It is the Offeror's responsibility to check this site periodically for official updates to this solicitation. Issuance of this solicitation and the submittal ol' 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 vour interest in working with USAlD.Serbia.

Sincerely, /) ~^, Carlton Bennett

Regional Contracting Officer USAID/Kosovo

SOL-169-17-000012

Page 1 of93 https://www.fbo.gov/

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NO

6 ISSUED BY CC

USAID/Kosovo - RCO

Ismail Qemali (Arhcria), House no.l Pristina, Kosovo 10000

3 EFFECTIVE DATE

09/13/2017

SERBIA

. NAME AND ADDRESS OF CONTRACTOR (No., street, county. Stale and ZIPCode)

CODE FACILITY CODE

1 CONTRACT ID CODE

4 REQUISITION/PURCHASE REQ. NO.

7 ADMINISTERED BY (If other than Hem 6)

(X)

9A AMENDMENT OF SOLICITATION NO

SOL-169-17-000012

SB DATED (SEE ITEM 11)

09/13/2017

PAGE OF PAGES

2 93

5 PROJECT NO. inapplicable!

10A MODIFICATION OF CONTRACT/ORDER NO

108 DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

ijThe above numbered solicitationis amended as set forth in Item 1A The hour and date specified for receipt of Offers K is extended. • is not extended Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods (a) By completing

Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted : or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers FAILURE OF YOURACKNOWLEDGEMENTTO BE RECEIVED AT

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLYAPPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO IN ITEM 10A

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriationdate, etc) SET FORTH IN ITEM 14 PURSUANT TO THE AUTHORITY OF FAR 43 103(b)

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF

D OTHER (Specify type of modification and authority)

E. IMPORTANT: ] is required to sign this document and return copies to ttie issuing office

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose ot this Amendment is to:

1. Revise Solicitation Section C - STATEMENT OF' WORK; Section P.7 KEY PERSONNEL AND STAFFING

PLAN; and Section L.6: INSTRUCTIONS FOR THE DEVELOPMENT OF THE TECHNICAL PROPOSAL;

2. Extend due date for proposals through 10/20/17;

3. Provide answers to inital set of questions and questions asked during pre-proposal conference on 8/23/17;

4. Revise ATTACHMENT 4 LEVEL OF EFFORT (LOE) TABLE.;

5. Provide ATTACHMENT 6 PAY SCALE USAID/SERBIA LOCAL COMPENSATION PLAN; and

6. Include opportunity lor additional questions by due dale ol 09/20/17.

Except as provided herein, aii terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect

15A NAME AND TITLE OF SIGNER (Type or print)

15B CONTRACTOR/OFFEROR 15C DATE SIGNED

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

Carlton Bennett

160 UNITEJJ SJ^TES Of^MERICA t^~

(Signature of Contracting Officer)

16C DATE SIGNED

(Signature ol parson authorized 10 sign)

ZA3JMJ

STANDARD FORM 30 (R€V 10-K

Prescribed by GSA

FAR (48 CFR) 53 243

NSN 7540-01-152-8070

Previous edition unusable

Government Accountability Initiative Activity SOL-169-17-000012

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 PURPOSE

C.3 BACKGROUND

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 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

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) 64

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) 70

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

2015) 73

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

2013) 74

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 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-

REPRESENTATION (JAN 2017)

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 “Government Accountability Initiative 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 Government Accountability Initiative (the “Activity”).

C.2 PURPOSE

The overall goal of the Government Accountability Initiative is to strengthen the capacities and connections of key Serbian stakeholders to increase government accountability at the national and local levels.

C.3 BACKGROUND

Corruption is recognized as one of the major issues of concern for Serbian citizens. According to the UNDP’s Corruption Benchmark Survey presented in October 2016, the greatest problems that Serbia is facing are unemployment, poverty, and lack of opportunities for young people, immediately followed by corruption.

Serbia has made some progress in the last several years in the Transparency International Corruption Perception Index, from a ranking of 86 in 2011 to a ranking of 72 in 2016. However, this score still leaves Serbia well behind other countries in the region, such as Slovenia, Croatia, Hungary, Romania, and Montenegro.

Reducing corruption will be key to Serbia meeting the criteria for EU accession. While there is significant international support to the government’s anti-corruption efforts, USAID Serbia identified the following areas that could benefit from additional assistance:

Local government transparency and inclusiveness

At a national level, the Serbian Government has made initial steps in the fight against corruption by establishing a legislative and strategic framework, and establishing oversight institutions. At the local level only a few local governments have begun developing their anti-corruption plans. The Chapter 23 Action plan envisages the development of local anti-corruption plans to identify corruption-prone areas and processes, and develop preventive and sanctioning mechanisms. By implementing local anti-corruption plans and establishing adequate mechanisms for their enforcement, local governments would enhance their adherence to good governance principles. The Anti-corruption Agency developed a model local anti-corruption plan based on an assessment of corruption risk areas in local governments. However, it is up to local governments to decide to what extent they would adopt and adapt the proposed model, and establish local anti-corruption coordination bodies to monitor implementation of identified activities. In addition, the Law on the Anti-corruption Agency mandates all state bodies, institutions, and public companies to adopt integrity plans on a bi-annual basis as a preventive anti-corruption measure.

As set forth in its Public Administration Reform Strategy, the Government of Serbia has recognized the need to depoliticize and increase citizen participation in public administration, by strengthening its transparency and integrity. Currently, there is limited public information and dialogue on the workings of the local assembly and mayor’s offices, local assembly decisions, procurements, and administrative procedures, which limits transparency as well as opportunities for greater oversight.

USAID believes that there are opportunities to increase transparency, public engagement and accountability at the local government level. The adoption of local anticorruption plans as part of the Chapter 23 Action plan provides a formal opportunity for increased accountability. Several municipalities have demonstrated an interest and willingness to increase public involvement in government decision making and oversight. And public interest in improved government services and a greater say in decision making regarding public resources can contribute to more inclusive, transparent processes.

Independent oversight institutions

Independent oversight institutions were established with the main goal of providing oversight of the operations of other government bodies and holding them accountable for their work. Despite the already significant support these oversight institutions have received, they still lack many of the tools and technical capacities to fulfill their mandates. Oversight bodies also require more established channels of communication with other government institutions (judiciary, prosecutors, Tax Administration, Pension and Disability Insurance Fund (PIO), Cadastre, etc.).

Per relevant legislation, the oversight bodies report to the National Assembly annually and provide important information to highlight successes and opportunities to improve the government’s operations. However, a lack of follow up has prevented the establishment of a track record of the enforcement of the oversight bodies’ findings. This undermines public perception of the oversight institutions’ work and degrades citizens’ faith in solving corruption in the long run. Also, this contributes to a general lack of understanding of oversight institutions’ authorities.

In addition, the anticipated amended law on the Anticorruption Agency (ACA) is expected to provide greater authority for the ACA to fulfill its mandates, including mechanisms to ensure compliance with ACA requests for cooperation. Further, the ACA and the SAI are staffed with dedicated, professional staff that has significant experience, resources and authorities at their disposal, including strong support from international partners like the EU. USAID believes that with additional support, these institutions can make substantial progress in holding public officials and government institutions accountable.

Adjudication of corruption cases

The Council of Europe’s Assessment of the statistics on corruption and economic states that there is a “need to increase the institutional capacity to measure the progress and level of efficiency and to make effectiveness visible and transparent in and outside the country, especially for the prosecution of serious criminal offenses of corruption and economic crime1.” More recently, the 2016 EU Progress report for Serbia further highlights the need to “establish an initial track record on investigations, indictments and final convictions as regards high-level corruption2”.

The new Law on Organization and Jurisdictions of State Bodies in Charge of the Prevention of Organized Crime, Terrorism and Corruption 3 may address some of these concerns, calling for establishing special anti-corruption task forces along with establishing specialized anti-corruption prosecutors and court units. It also requires nominating liaison officers among relevant government institutions such as the Anti-corruption Agency and the State Audit Institution, in addition to Tax administration, Public Procurement Office, Pension Fund, Customs Administration, the National Bank of Serbia, and others. The task forces are intended to establish close cooperation for a more

1 Assessment of the current state of play with regard to statistics on corruption and economic crime, Council of Europe Project “Strengthening the Capacities of Law Enforcement and Judiciary in the Fight against Corruption in Serbia” (PACS), June 2013, https://rm.coe.int/16806ecc0e 2 2016 Progress report, https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/pdf/key_documents/2016/20161109_report_serbia.pdf 3 http://www.paragraf.rs/izmene_i_dopune/241116-zakon_o_organizaciji_i_nadleznosti_drzavnih_organa_u_suzbijanju_organizovanog_kriminala_terori zma_i_korupcije.html The new Law was adopted in November 2016, and will enter into force as of March 2018.

https://rm.coe.int/16806ecc0e https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/pdf/key_documents/2016/20161109_report_serbia.pdf https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/pdf/key_documents/2016/20161109_report_serbia.pdf http://www.paragraf.rs/izmene_i_dopune/241116-zakon_o_organizaciji_i_nadleznosti_drzavnih_organa_u_suzbijanju_organizovanog_kriminala_terorizma_i_korupcije.html http://www.paragraf.rs/izmene_i_dopune/241116-zakon_o_organizaciji_i_nadleznosti_drzavnih_organa_u_suzbijanju_organizovanog_kriminala_terorizma_i_korupcije.html http://www.paragraf.rs/izmene_i_dopune/241116-zakon_o_organizaciji_i_nadleznosti_drzavnih_organa_u_suzbijanju_organizovanog_kriminala_terorizma_i_korupcije.html efficient exchange of information between these institutions and prosecutors. This represents an opportunity to ensure that cases referred to the prosecution have the requisite information to make a legal case; and increase a follow up on corruption cases referred to courts, in particular, specialized anti-corruption court units.

USAID believes that with the entry into force of the new Law in March 2018, opportunities exist to support the Ministry of Justice and the judiciary in improving the adjudication of corruption related cases.

C.4 ACTIVITY IMPLEMENTATION

Good governance requires transparent government institutions with the knowledge and skills necessary to comply with accountability requirements, empowered and effective independent oversight bodies, and an engaged public that demands accountability. Our development hypothesis is that if the skills and connections of government institutions and oversight bodies are increased, then Serbia will have a stronger foundation for more responsive and accountable governance.

In order to achieve the Activity purpose, the contractor will propose priority issues and interventions in the following areas:

Local Government Accountability: The Contractor must support efforts to increase the inclusiveness of public decision making regarding public resource allocations and to encourage and incentivize local governments to operate in a more transparent and responsive manner. The Contractor must:

1. Identify municipalities where there are opportunities to improve government accountability

2. Identify specific issues (such as public procurement, inspections, local budgeting, use of public facilities, whistleblower protection) relevant to these municipalities that show the greatest potential for increasing local government transparency and integrity; and

3. Implement interventions that will contribute to increased government accountability

4. Highlight and seek opportunities to scale up successful interventions.

Final municipality selection, issues, and interventions must be included in the Activity work plan, approved by USAID. While policy reform is not the primary focus of this activity, the contractor may through working with local governments identify areas where policy changes would be beneficial. In doing so, the contractor must work with relevant ministries and stakeholders to identify and support these changes.

Oversight Institutions: The Contractor must provide assistance to oversight institutions, in particular to the Anti-corruption Agency (ACA) and the State Audit Institution (SAI) to strengthen monitoring of government performance and public officials, and exercise mandates as defined per relevant legislation. The Contractor must:

1. Work closely with the ACA and SAI, as well as government counterparts and civil society to identify areas where Activity assistance can best contribute to improved government oversight. For example, one area of support could be strengthening coordination between the independent institutions and other relevant institutions, such as the parliament, courts, prosecutor’s offices, and tax authorities.

2. Develop and implement interventions that address the priority issues identified above.

3. Work closely with relevant authorities (specialized anti-corruption court units, prosecutor’s offices, relevant ministries, Parliament,) to facilitate increased follow up on the recommendations and findings of oversight institutions.

Adjudication of Corruption Cases: The Contractor must provide assistance to specialized anti-corruption court units and help establish a system for the collection of unified statistics on corruption, distinguishing clearly between different types of criminal offences, the length of cases, outcome of the proceedings, etc.

The Contractor must:

1. Support anti-corruption specialized court units in implementing the new law on organization and jurisdictions of state bodies in charge of the prevention of organized crime, terrorism and corruption.

2. Develop procedures and methodology for data collection, record keeping and statistical reporting on corruption cases.

3. Establish an electronic register of corruption cases to support information sharing between different institutions working on the investigation and prosecution of corruption cases.

At a minimum, the Contractor must contribute to the achievement of the following results:

1. Increased public participation in local government decision making and oversight

2. Increased follow-up to oversight institutions’ recommendations

3. Increased adjudication of corruption cases

All of the contractor’s interventions in 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.

To increase public support for government accountability, USAID intends to implement a separate activity to work with local civil society and media and build their monitoring and advocacy capacities.

The Contractor is expected to maximize its flexibility to respond to the changing local environment.

The Contractor is encouraged to suggest innovative ideas and 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.

C.5 CONTINUOUS LEARNING

The Contractor must continually assess the effectiveness of its 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.

C.6 COORDINATION WITH OTHER USAID ACTIVITIES AND STAKEHOLDERS

The Contractor must implement the contract in close coordination with USAID and other donor-supported activities in Serbia to the extent there is alignment with the contract’s objectives.

In particular, the Contractor must closely coordinate the implementation of this Activity with a separate USAID activity that will focus on government accountability monitoring and advocacy, and will provide information resources and tools to CSOs working on anticorruption efforts at the local level. In addition, the Contractor must closely coordinate with USAID Serbia’s civil society, media, rule of law, and business enabling projects.

Furthermore, the Contractor must closely coordinate with U.S. DOJ/OPDAT all of its activities related to prosecutors and specialized anti-corruption court units.

Technical assistance and training activities will be defined and developed in close consultation with Serbian government counterparts, including the Ministry of Justice, Ministry of Public Administration and Local Self Government, the Anti-corruption Agency, the State Audit Institution, and others.

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 Swiss Development Cooperation, GIZ, the Swedish International Development Agency (SIDA), the OSCE, and other international organizations that are currently involved in good governance programming. The Contractor must ensure that the Activity takes into consideration these initiatives and maintains complementarity with these donors’ approaches.

[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 18,100 professional technical staff person days level of effort. 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 4 (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 to the extent Contract interventions address these indicators. 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 collection methods;

• baseline information (year and value) or a timeline for collecting it;

• annual targets;

• schedule for data collection;

• names of individuals responsible for data collection;

• availability of data at USAID; and

• detailed plans for data analysis, review and reporting.

Performance indicators should comply with the following criteria: direct, objective, practical, adequate,…