SOL-182-11-000003 Amendment 2 Track Changes.pdf

Date Issued: 8 –AUG-2011 Questions Due By: 235-AUG-2011 (12 Noon Budapest Time) Closing Date: 3-OCT-2011 Closing Time: 12:00 Noon (Budapest Time)

SUBJECT: Request for Proposal (RFP) No. SOL-182-11-000003 Planning and Local Governance Project (PLGP) – USAID/Albania

Dear Offeror:

The United States Government, represented by the U.S. Agency for International Development (USAID), Regional Services Center (RSC) in Budapest, is seeking proposals from qualified U.S. organizations interested in providing technical assistance and training to the Government of Albania (GOA) and to Albanian local government institutions through the Planning and Local Governance Project (PLGP) in accordance with the terms of this solicitation.

This is a full and open competition under which a U.S. organization that is a large or small commercial [for profit] firm, an educational institution, or a non-profit organization is eligible to compete. The procedures set forth in FAR Part 15 shall apply. The authorized geographic code for this procurement is stated in Section H.45. A waiver for non-U.S.

procurement is in effect and is an attachment to this RFP. USAID plans to award a five year cost-plus-fixed fee term contact. The contract award, if any, is estimated to be awarded mid-November.

IMPORTANT NOTE: USAID intends to evaluate Offerors in accordance with Section M of this RFP and make contract award, if any, to the responsible Offeror whose proposal represents the best value to the U.S. Government. This is to advise Offerors that USAID intends to award a contract without discussions with Offerors in accordance with FAR 52.215-1, therefore Offerors are strongly advised to review the RFP in detail, raise questions and request clarifications by the due date, and submit a comprehensive proposal meeting all of the requirements of this RFP by the due date and time.

Any amendments to this solicitation will be issued and posted on the website along with the RFP. Offerors are encouraged to check the FedBizOpps website (www.fbo.gov) periodically. It is the responsibility of the Offeror to ensure that solicitation or any amendments to it have been received from the Internet in entirety and USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Questions

Potential Offerors may submit questions in writing, by email to: SOL-182-11-000003@usaid.gov, at the USAID Regional Services Center, Regional Contracting Office, Budapest. The deadline for receipt of questions and/or requests for clarifications is 225-AUG-2011, at 12:00 noon Budapest time. No questions will be accepted after this date and time. Any communications pertaining to this RFP must be through the Regional Contracting Office/Budapest.

Issuance of this solicitation does not constitute an award commitment on the part of the Government, nor does it commit the Government to pay for any costs incurred in the preparation or submission of a proposal. Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government. Thank you for your interest in USAID programs.

Shirley L. Baldwin Regional Contracting Officer RSC/RCO Budapest

TBD SOL-182-11-000003

See Section L of this solicitation

+36-1-475-4962 Agnes Cserhati +36-1- 475-4962 SOL-182-11-000003@usaid.gov

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

UNDER DPAS (15 CFR 700)

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

SEALED BID (IFB) August 8, 2011

NEGOTIATED (RFP)

7. ISSUED BY

U.S. Agency for International Development Regional Service Center, Regional Contracting Office See Section L.7 Bank Center, Granite Tower, 4th Floor Szabadsag ter 7-9, 1944 Budapest, Hungary

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

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

9. Sealed offers in original and 4 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 depository located in

Until 12:00 NOON local time BUDAPEST (Hour)

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.

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM see TOC X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X

X F DELIVERIES OR PERFORMANCE X

X G CONTRACT ADMINISTRATION DATA x XL INSTR., CONDS., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS X X M EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (minimum 120 calendar days) 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 52-232-8)

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A. NAME AND

ADDRESS

OF OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM (4 copies unless otherwise specified)

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

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

N/A 2

X

See Attached Table of Contents

RFP No. SOL-182-11-000003 Planning and Local Governance Project (PLGP)

PART I ‐ THE SCHEDULE

SECTION A ‐ SOLICITATION/CONTRACT FORM

SF 33 SOLICITATION, OFFER AND AWARD 2

Contents

B.1 PURPOSE

B.2 CONTRACT TYPE

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

B.4 LINE ITEMS

B.5 INDIRECT COSTS (DEC 1997)

B.6 CEILING ON INDIRECT COSTS

B.7 COST REIMBURSABLE

B.8 FEE PAYMENT

SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D ‐ PACKAGING AND MARKING

D.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

D.2 752.7034 ACKNOWLEDGMENT AND DISCLAIMER. (DEC 1991)

D.3 BRANDING STRATEGY FOR Planning and Local Governance Project (PLGP)

D.4 BRANDING AND MARKING POLICY

D.5 BRANDING IMPLEMENTATION PLAN (BIP) AND MARKING PLAN (MP)

SECTION E ‐ INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 PERFORMANCE STANDARDS

SECTION F ‐ DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 AUTHORIZED WORKWEEK

F.4 PLACE OF PERFORMANCE

F.5 PERFORMANCE STANDARDS

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

F.7 REPORTS

F.8 REPORTING ON TAXATION OF U.S. FOREIGN ASSISTANCE (July 2007)

F.9 MONITORING AND EVALUATION

F.10 LEVEL OF EFFORT and DELIVERY SCHEDULE

F.11 KEY PERSONNEL

F.12 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS (JAN 2004)

F.13 ACCRUALS

SECTION G ‐ CONTRACT ADMINISTRATION DATA

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

G.2 CONTRACTING OFFICE

G.3 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

G.4 TECHNICAL DIRECTIONS

G.5 RELATIONSHIPS AND RESPONSIBILITIES

G.6 PAYING OFFICE

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H.1 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JAN 2002)

H.2 PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR ADVOCATE THE LEGALIZATION OR PRACTICE

OF PROSTITUTION – TIP ACQUISITION (MAY 2007)

H.3 752.225‐71 LOCAL PROCUREMENT (FEB 1997)

H.4 752.228‐3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT)

H.5 752.228‐7 INSURANCE ‐ LIABILITY TO THIRD PERSONS

H.6 752.229‐70 FEDERAL, STATE AND LOCAL TAXES

H.7 752.231‐71 SALARY SUPPLEMENTS FOR HOST GOVERNMENT (HG) EMPLOYEES. (OCT 1998)

H.8 752.245‐71 TITLE TO AND CARE OF PROPERTY. (APR 1984)

H.9 752.7002 TRAVEL AND TRANSPORTATION (JAN 1990)

H.10 752.7004 EMERGENCY LOCATOR INFORMATION. (JUL 1997)

H.11 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.12 752.7008 USE OF GOVERNMENT FACILITIES OR PERSONNEL. (APR 1984)

H.13 752.7009 MARKING. (JAN 1993)

H.14 752.7010 CONVERSION OF U.S. DOLLARS TO LOCAL CURRENCY. (APR 1984)

H.15 752.7011 ORIENTATION AND LANGUAGE TRAINING. (APR 1984)

H.16 752.7013 CONTRACTOR‐MISSION RELATIONSHIPS. (OCT 1989)

H.17 752.7014 NOTICE OF CHANGES IN TRAVEL REGULATIONS. (JAN 1990)

H.18 752.7015 USE OF POUCH FACILITIES. (JUL 1997)

H.19 752.7018 HEALTH AND ACCIDENT COVERAGE FOR USAID PARTICIPANT TRAINEES. (JAN 1999)

H.20 752.7019 PARTICIPANT TRAINING. (JAN 1999)

H.21 752.7023 REQUIRED VISA FORM FOR USAID PARTICIPANTS. (APR 1984)

H.22 752.7027 PERSONNEL. (DEC 1990)

H.23 752.7028 DIFFERENTIAL AND ALLOWANCES. (JUL 1996)

H.24 752.7029 POST PRIVILEGES. (JUL 1993)

H.25 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS. (JAN 1990)

H.26 752.7033 PHYSICAL FITNESS. (JUL 1997)

H.27 02‐04 Implementation of E.O. 13224 ‐‐ Executive Order on Terrorist Financing

H.28 04‐17 USAID Disability Policy ‐ Acquisition (December 2004)

H.29 03‐12 Reporting of Foreign Taxes

H.30 INSURANCE AND SERVICES

H.31 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY RESOURCES

H.32 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.33 LOGISTIC SUPPORT

H.34 LANGUAGE REQUIREMENTS

H.35 SUBCONTRACTING REPORT AND SUBCONTRACTING PLAN

H.36 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

H.37 STANDARDS OF CONDUCT ‐‐ IMPROPER BUSINESS PRACTICES

H.38 GENDER CONSIDERATION

H.39 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973 AND FEDERAL ACQUISITION CIRCULAR

(FAC) 97‐27 "ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY

H.40 MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES

H.41 INVESTMENT PROMOTION

H.42 MEDIA CONTACTS

H.43 ENVIRONMENTAL COMPLIANCE

H.44 GOVERNMENT PROPERTY

H.45 AUTHORIZED GEOGRAPHIC CODE

PART II ‐ CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

I.3 52.215‐19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.4 52.227‐23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I.5 52.247‐67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)

I.6 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.7 752.202‐1 DEFINITIONS. (JAN 1990)

I.8 USAID DEFINITIONS CLAUSE ‐ SUPPLEMENT FOR CONTRACTS WITH AN EDUCATIONAL INSTITUTION FOR PARTICIPANT

TRAINING (APR 1984)

I.9 USAID DEFINITIONS CLAUSE ‐ SUPPLEMENT FOR USAID CONTRACTS INVOLVING PERFORMANCE OVERSEAS (DEC 1986)

I.10 752.209‐71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER AWARD. (JUN 1993)

I.11 752.211‐70 LANGUAGE AND MEASUREMENT. (JUN 1992)

I.12 752.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS

I.13 752.225‐9 BUY AMERICAN ACT ‐ TRADE AGREEMENTS ACT ‐ BALANCE OF PAYMENTS PROGRAM

I.14 752.225‐70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS. (FEB 1997)

I.15 752.226‐2 SUBCONTRACTING WITH DISADVANTAGED ENTERPRISES. (JUL 1997)

I.17 752.227‐14 RIGHTS IN DATA‐‐GENERAL. (OCT 2007)

I.18 752.245‐70 GOVERNMENT PROPERTY ‐ USAID REPORTING REQUIREMENTS

I.19 752.7001 BIOGRAPHICAL DATA. (JUL 1997)

I.20 752.7006 NOTICES. (APR 1984)

I.21 752.7025 APPROVALS. (APR 1984 )

I.22 752.7031 LEAVE AND HOLIDAYS. (OCT 1989)

I.23 752.7035 PUBLIC NOTICES. (DEC 1991)

I.24 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008)

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 52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

K.2 52.209‐5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (APR 2010)

K.3 52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JAN 2011)

K.4 52.222‐22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999)

K.5 52.222‐25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)

K.6 52.225‐20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN‐‐CERTIFICATION. (AUG 2009) 80

K.7 52.230‐1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION. (OCT 2008)

K.8 52.230‐7 PROPOSAL DISCLOSURE‐‐COST ACCOUNTING PRACTICE CHANGES. (APR 2005)

K.9 INSURANCE ‐ IMMUNITY FROM TORT LIABILITY

K.10 SIGNATURE

SECTION L ‐ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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

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

L.4 52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.5 GENERAL INSTRUCTIONS TO OFFERORS

L.6 PROPOSAL SUBMISSION

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL AND OTHER SUPPORTING DOCUMENTS

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE BRANDING AND MARKING PLANS:

SECTION M ‐ EVALUATION FACTORS FOR AWARD

M.2 TECHNICAL EVALUATION CRITERIA

M.3 COST PROPOSAL EVALUATION

M.4 DETERMINATION OF THE COMPETITIVE RANGE AND CONTRACT AWARD

M.5 SOURCE SELECTION

ATTACHMENT 1: CONTRACTOR PERFORMANCE REPORT SHORT FORM

ATTACHMENT 2: USAID FORM 1420‐17 ‐ CONTRACTOR BIOGRAPHICAL DATA SHEET

ATTACHMENT 3: Standard Form ‐ LLL‐A ‐ DISCLOSURE OF LOBBYING ACTIVITIES

ATTACHMENT 4: SMALL BUSINESS PLAN TEMPLATE

ATTACHMENT 5: COST MATRIX

ATTACHMENT 6: DEVIATION FROM THE NICRA

ATTACHMENT 7: IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS

ATTACHMENT 8: LIST OF ACRONYMS

ATTACHMENT 9: LIST OF INFORMATIONAL DOCUMENTS

ATTACHMENT 10: LIFE OF PROJECT LEVEL OF EFFORT FORMAT

ATTACHMENT 11: MEMORANDUM FOR SUBCONTRACT CONSENT AT THE TIME OF AWARD

ATTACHMENT 12: INITIAL ENVIRONMETAL EXAMINATION

ATTACHMENT 13: SAMPLE REGIONAL WAIVER LETTER

ATTACHMENT 14: SAMPLE LOCAL PROCUREMENT BLANKET WAIVER LETTER

ATTACHMENT 15: SECTION C OF CONTRACT – WORD VERSION

ATTACHMENT 16: LOCAL COMPENSATION PLAN SUMMARY

ATTACHMENT 17: GOVERNMENT FURNISHED PROPERTY

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The goal of the Planning and Local Governance Project (PLGP) is to provide technical assistance and training to the Government of Albania (GOA) and to Albanian local government institutions – to help the GOA and local governments successfully implement decentralization legislation, policies and reforms.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) term contract.

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

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

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

(c) Funds obligated hereunder are anticipated to be sufficient through TBD.

B.4 LINE ITEMS

ICT sftwr/hdwr + training $ 700,000 Other Estimated Costs $_________+$2,000* Total Estimated Costs $_________

Fixed Fee $_________

Total Estimated Cost Plus Fixed Fee $_________

* Cost for restoring/licensing the two government-furnished vehicles to road-readiness.

B.5 INDIRECT COSTS (DEC 1997)

For the Prime Contractor:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For Major Subcontractor(s) *:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

*”Major Subcontractors” are those subcontractors with proposed cost at or above $1,00650,000.

B.6 CEILING ON INDIRECT COSTS

Advance understanding on ceiling Indirect Cost Rates and Final Reimbursement for Indirect Costs.

For the Prime Contractor:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

(2) 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 with the lower rates.

(3) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance.

Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

For the Major Subcontractor(s):

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

(5) 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 with the lower rates.

(6) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance.

Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

The costs allowable shall be limited to reasonable, allocable and necessary costs determined 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.

FAR 52.232-20 Limitation of Cost (applies while the contract is fully funded).

FAR 52.232.22 Limitation of Funds (applies while the contract is funded in an amount less than the total estimated cost).

B.8 FEE PAYMENT

The Contractor will not be paid any sum in excess of the ceiling price. Fee is earned in proportion with level of effort (LOE) delivered under this contract. The Contractor may bill fee monthly in proportion to expended LOE, not to exceed $___TBD______ for each person-day delivered. In the event the Contractor does not expend the total level of effort at the expiration of the contract period, the amount of fee will be adjusted proportionally.

Pursuant to FAR 52.216-8, Fixed Fee, after payment of 85 percent of the fixed fee, the Contracting Officer shall withhold further payment of fee until a reserve is set aside in an amount of $100,000.00. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of the certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements.

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GOAL

The goal of the Planning and Local Governance Project (PLGP) is to provide technical assistance and training to the Government of Albania (GOA) and to Albanian local government institutions – to help the GOA and local governments successfully implement decentralization legislation, policies and reforms.

C.2 BACKGROUND

Albania is a parliamentary democracy based on a constitutional and legislative framework that is largely in line with European principles and standards. Since the early 1990s, Albania has taken steps to decentralize political, administrative, and fiscal processes, and local governments have provided increased levels of services to citizens. Despite a degree of progress, Albania has not yet implemented key elements of decentralization. For example, the country lacks a national territorial plan; devolution of authorities and accountabilities to the local level are incomplete; financial and budgetary processes are weak; and resources streams are inadequate.

In 2006, Albania signed a Stabilization and Association Agreement with the European Community, an early step towards membership in the European Union. A key challenge for Albania in achieving its European aspirations relates to the capacity of the GOA to meet EU standards and Albania’s rising expectations for better service delivery, e.g., electricity, water, sewerage, housing, roads, education, etc. As a signatory to the European Charter on Local Government, Albania has committed itself to decentralization; however, key Albanian stakeholders have not been fully engaged in decentralization processes. For example, the GOA enacted important changes in laws that affect local governments and local revenues without prior consultation with the Associations of Municipalities and Communes or with mayors.

Overall, the GOA needs to improve consultation with local governments and community groups where the interests and needs of citizens and businesses are so directly affected.

While local government responsibilities, autonomy, and accountability have increased, fiscal decentralization has lagged behind. Consequently, local authorities still lack resources needed to carry out major functions for which they are now responsible and for which the public now sees them as accountable, such as the delivery of water/sanitation services.

Funds for large capital improvements are mostly beyond the reach of local government budgets. Municipal borrowing has been hampered by legislative limitations on public debt and a lack of transparency in the GOA process for issuing competitive grants. These problems are compounded by a need for local governments to build skills and knowledge around administering local institutions and services in an effective and transparent manner.

USAID has supported decentralization efforts since the early nineties. This program follows on such earlier assistance, and will continue to be coordinated with relevant aspects of other donor programs and the USAID/Albania portfolio, particularly with regard to the USAID/EG program and potential use of alternative financing mechanisms for local governments.

C.3 PLGP OBJECTIVES

To achieve PLGP’s goal stated above in Section A, the project has the following four objectives and corresponding program components:

Objective I: The GOA implements effective government decentralization policies and legislation through collaboration with local governments and non-governmental organizations.

Component I: Support the GOA’s work to implement effective government decentralization policies and legislation.

Objective II: Local governments improve their performance, accountability, transparency, and ability to involve citizens in decision making.

Component II: Improve the efficiency, transparency and accountability of local government operations.

Objective III: The GOA and local governments effectively plan, manage, and finance public services, consistent with EU standards.

Component III: Improve local government management and oversight of selected public utilities to provide services in accordance with EU standards.

Objective IV: The GOA and local governments improve their ability to develop, coordinate, and manage territorial planning.

Component IV: Strengthen the capabilities of the GOA and local governments to plan and manage urban and regional growth.

USAID/Albania will utilize a contract to implement the project through a combination of technical assistance and training.

C.4 SCOPE OF WORK1

C.4.1. Component I: Support the GOA’s work to implement effective government decentralization policies and legislation.

C.4.1.a. Component I Problem Statement:

The GOA remains committed to the decentralization process, as indicated in its Decentralization Strategy and the National Strategy for Development and Integration. Following the legal reforms adopted during the last decade, total local government expenditures have grown dramatically from 0.2 percent of the GDP in 1998 to 4.7 percent in 2009, and discretionary authority over total local government expenditures grew from 5 percent to 57 percent. In general it is widely accepted that decentralization reform in Albania has moved forward.

Since 2005, however, several actions by the central government have adversely affected decentralization reforms. In 2005 the GOA cut the small business tax rate by half, significantly reducing a key source of local government revenue. In 2009 the GOA set limits on local service fees and taxes without apparent reference to actual costs of services that local governments provide. In 2010, the Ministry of Finance imposed a cap on borrowing which limited the ability of local governments to access resources for new investments. Furthermore, the process whereby the central government allocates grant to local governments lacks coherence and clarity. For example, the GOA does not define allocation criteria in advance of the budget year and announces awards long after the budget year has begun -- thus disrupting the management of the local budget. Such actions have seriously constrained local finances and illustrate the need for a stronger consultative process between the central and local governments.

Note to Offerors: Approaches that suggest a certain portion of GOA grant funds be awarded on a discretionary basis by the GOA would not be consistent with the objectives of this program.

C.4.1.b. Component I Tasks and Deliverables:

1. Assist the GOA in clarifying and strengthening the process, criteria and transparency for allocating competitive GOA grants to local government entities.

2. Assist the GOA and local governments in improving communication and collaboration around decentralization of local governance.

1 The indicators are illustrative where so noted. Offerors may propose additional or substitute indicators consistent with their approach.

3. Assist the GOA and local governments in improving policies, legislation, and processes that affect local government operations, finances (including use of debt financing, PPPs and other alternative financing mechanisms), and the use of central government assets under local government jurisdictions. When legislative changes are recommended, interact with appropriate parliamentary actors.

4. Assist the GOA, LG representatives, and relevant NGOs/municipal associations to make informed decisions based on inclusive consultations/broad consensus that will result in more equitable distribution of resources and delivery of services; and promote development of legislation that would legally require such consultations.

C.4.1.c. Component I LOE:

Illustrative Level of Effort (LOE) for Component I

Suggested Labor Category

Suggested Level of Qualification

Illustrative LOE (workdays)

Chief of Party = Municipal Finance Expert Key Personnel, See C.5.1

Senior 520

Municipal Governance/Decentralization Expert Specialist (local – full time) Key Personnel, See C.5

Senior 1200

Municipal Finance Expert (int’l or local - STTA) Senior 250 Deviations from illustrative LOE shall be explained in the Offeror’s proposal. The table shows illustrative LOE. Offerors shall propose their own management and staffing structure using Attachment J.10 as a template.

C.4.1.d. Component I Results:

1. The GOA process of providing competitive grants to local governments is transparent, effective, and equitable among local government entities.

2. The GOA, local governments, and other stakeholders utilize formal collaborative processes to make legislative and policy decisions that affect local government finances, services, and operations, and use of government assets under local government jurisdictions.

3. Policies and legislation improved to increase the predictability, accuracy and transparency of local government budgetary processes.

4. Civil society groups and other non-governmental organizations participate substantially in local government communications and decisions that affect local communities and citizens.

C.4.1.e. Component I Illustrative Indicators:

1. Publication of procedures and criteria for the selection of competitive grants.

2. Percentage of grant proposals accepted for evaluation according to the published criteria.

3. Number of public events, e.g., conferences, roundtables, resulting from USG assistance, in which local and central government officials interact with civil society organizations on policy changes.

4. Number of national legislators and national legislative staff attending USG-sponsored public events.

5. Number of local government staff and municipal council members attending USG-sponsored training and capacity building activities.

6. Number of laws/amendments or government decisions affecting and promoting decentralization and drafted with

USG assistance.

C.4.2. Component II: Improve the efficiency and management of local government operations.

C.4.2.a. Component II Problem Statement:

Over the past few years, local governments have become more aware of their responsibilities and more efficient in providing services. Public opinion surveys reinforce this view, showing that local authorities are more engaged in

Formatted: Font: Italic providing services that improve community life. Local governments, however, continue to face significant challenges in such areas as raising revenue, managing public property, recruiting and retaining quality government workers, and delivering quality services. Many of these challenges stem from a lack of public participation in local government decision-making, a lack of public oversight by civil society organization, and a lack of information and communication technology (ICT) that could build e-government solutions. One of the most significant challenges involves lack of coordination and communication with central government institutions. Local governments, for example, have been unable to obtain timely information on financial resources and asset management because of ineffective collaboration with such institutions as the Immovable Property Registration Office, the General Directorate of Taxation, and the National Registration Center.

C.4.2.b. Component II Tasks and Deliverables:

1. Deliver an analysis within the first 90 days of the contract effective date that ranks and recommends 10-15 candidate municipalities with recommended adjacent communes for participation in PLGP Components II, III, and IV. Each recommended municipality would participate in all three components (II, III, and IV). nHowever, Component III may include a larger number of (adjacent) communes, given the regionalization of some utilities. Before the contractor begins the analysis, USAID will approve ranking and selection criteria, which will, for example, include consideration of municipalities experiencing rapid urban growth, willingness and ability of municipalities to cooperate and benefit from the program and to cost share, size and population of municipalities with stress on larger units, and sensitiveness with regard to tourist development. Once the analysis is complete, USAID will approve the selected municipalities and communes based on an analysis of the recommendations. Note that this analysis is a critical activity that directly leads to the implementation of activities under PLGP Components II, III and IV in cooperation with the resulting “Selected Local Governments.”

2. Deliver an action plan within the first 6 months of the contract effective date on how selected municipalities and communes will utilize information and communication technology (ICT) to improve functions in such areas as financial operations, assets management, and procurement. The ICT Action Plan will be consistent with the budget figure for subcomponent II.3 – Procure ICT hardware/software and related training ($700,000) – and is subject to USAID COTR approval. The ICT Action Plan will include specifications for purchasing technologically appropriate hardware and software, and a training plan for optimally using the hardware and software.

3. Procure ICT hardware and software to help selected local governments with financial operations, asset management and procurement functions. As noted above, PLGP will budget approximately $700,000 in total for the selected municipalities and communes for the purchase of the hardware and software and for training on its use. The Contractor will complete training and ICT purchase and installation within the first 36 months of the project. Sub-contracts/sub-awards under this subcomponent are subject to USAID Agency review and CO approval in accordance with ADS, FAR and other applicable regulations.

4. Assist selected local governments to improve the following: tax collection; alternative methods to increase own-source revenues; management of assets under local government jurisdictions; and the predictability, accuracy and transparency of local government budgetary processes.

5. Assist selected local governments in raising citizen awareness of local government functions, citizen rights and responsibilities, and citizen participation in local government decision-making.

6. Assist municipal council members, in selected municipalities, in developing skills needed to optimally perform their functions.

7. Assist selected local governments in developing skills for writing proposals on accessing relevant EU funding sources for pre-accession.

C.4.2.c. Component II LOE:

Illustrative Level of Effort (LOE) for Component II

Suggested Labor Category

Suggested Level of Qualification

Illustrative LOE (workdays)

Chief of Party = Municipal Finance Expert Key Personnel, See C.5.1

Senior 260

Tax Expert (local – full time) Senior 1250 Asset Management Expert (local – full time) Mid-level 1100 IT Specialist (local - STTA) Senior 850

Deviations from illustrative LOE shall be explained in the Offeror’s proposal. Offerors shall propose their own management and staffing structure using Attachment J.10 as a template.

The table shows illustrative LOE. Offerors shall propose their own management and staffing structure using Attachment J.10 as a template.

C.4.2.d. Component II Results:

1. Selected local government operations, accountability and transparency improve.

2. Selected local governments have the tools, skills, and procedures needed to increase local revenues, to optimally utilize central government assets under their jurisdiction, and to create accurate and transparent public budgets.

3. Selected local government revenues increase and budgetary processes improve.

4. Community groups, civil society groups, and other NGOs increase their participation in selected local government decision-making.

5. Selected municipal councils perform their roles more effectively.

6. Selected local governments write effective proposals for accessing relevant EU funding for pre-accession.

C.4.2.e. Component II Illustrative Indicators:

1. Number of local government staff receiving USG-assisted fiscal and management training.

2. Number of sub-national governments receiving USG assistance to increase their annual own-source revenues.

3. Number of public meetings or hearings in the selected municipalities.

4. Number of sub-national government entities receiving USG assistance to improve their performance.

5. Percentage increase in own source revenues for the selected LG units.

6. Percentage increase in revenues from alternative taxes (such as the Property Tax Agriculture Land Tax, etc).

7. Number of municipal council members trained on their roles and responsibilities.

8. Number of draft decisions subject to final vote prepared with recorded public input.

9. Number of proposals to access EU’s Instrument for Pre-Accession Assistance (IPA) funding drafted with USG assistance and submitted.

C.4.3. Component III: Improve local government management and oversight of publically owned utilities, in accordance with EU standards.

C.4.3.a. Component III Problem Statement:

In 2007 the GOA transferred ownership of publically-owned utility companies – such as water, waste water treatment, and solid waste management – to municipalities and communes. In practice, several local municipalities and communes jointly own the companies and set up joint supervisory boards that oversee them -- ideally ensuring that they are managed properly and effectively serve communities.

Local governments, however, face serious challenges in jointly overseeing the utility companies. Roles and lines of responsibilities among the joint supervisory boards are not clear, thereby minimizing their authority and effectiveness to provide oversight of policies, costs, performance, and compliance with EU standards and EU environmental standards in particular. Local governments lack plans for exercising effective joint oversight and decision-making -- in such areas as appointing staff, approving budgets, analyzing user fees, and monitoring implementation of their decisions. Local governments also lack effective collaboration with GOA regulatory agencies such as the Water Regulatory Agency and the Association of Water Supplies. Furthermore, local citizens lack the means to understand and provide input into decisions around utilities that affect them.

C.4.3.b. Component III Tasks and Deliverables:

1. Assist selected local governments, and supervisory boards in particular, in developing skills, defining roles, and building knowledge needed to effectively manage and oversee jointly-owned utility companies.

2. Assist the GOA and local governments in ensuring that laws, policies, procedures, and services are consistent with EU standards and environmental standards in particular.

3. Assist in improving interaction and communication among the selected local governments, GOA, Albanian regulatory agencies, civil society groups, and other community NGO’s.

C.4.3.c. Component III LOE:

Illustrative Level of Effort (LOE) for Component III

Suggested Level of Qualification

Illustrative LOE (workdays)

Chief of Party = Municipal Finance Expert Key Personnel, See C.5.1

Senior 260

Water/wastewater expert (local – full time) Senior 1200 Water/wastewater expert (international - STTA) Senior 300

Deviations from illustrative LOE shall be explained in the Offeror’s proposal. Offerors shall propose their own management and staffing

The table shows illustrative LOE. Offerors shall propose their own management and staffing structure using Attachment J.10 as a template.

C.4.3.d. Component III Results:

1. Selected local governments effectively oversee jointly-owned utility companies.

2. Supervisory boards’ roles in selected local governments are better defined and performance improves.

3. Selected local governments implement policies and procedures for utilities that are consistent with EU standards.

4. Selected local governments, GOA regulatory agencies, civil society groups and other NGOs improve communication and interactions.

C.4.3.e. Component III Illustrative Indicators:

1. Number of municipalities with action plans to exercise effective oversight of jointly-owned companies.

2. Number of municipalities using clear procedures to exercise authorities and responsibilities for the effective oversight of the utilities.

3. Number of events organized with USG assistance in which decision makers and the public interact.

4. Improved cost recovery for public services.

5. Increased customer satisfaction with related municipal services.

6. Number of central government decisions affecting the sector drafted with USG assistance.

C.4.4. Component IV: Strengthen the capabilities of the GOA and local governments to plan and manage urban and regional growth.

C.4.4.a. Component IV Problem Statement:

Albania has experienced unmanaged land development in cities and in key areas that are undergoing rapid growth such as coastal regions. Current efforts to deal with land use and construction include the National Planning Registry and the Law on Territorial Planning which is projected to be effective in September of 2011. The law requires local governments to create territorial plans and regulations within two years that will be posted on an internet/GIS based National Planning Registry2. The new law also creates the National Territorial Planning Agency (NTPA) whose responsibilities include developing a national territorial plan; coordinating all sectorial planning; and providing regulations, guidance, and training to local governments in developing and implementing development controls.

Out of 374 local government units, 15 municipalities have plans that are pending approval3, and approval should be based on criteria from a national territorial plan that does not yet exist. Several municipalities and communes which face rapid development – for example, Shkoder, Durres, Vlore, and areas around Tirana – lack key skills and knowledge needed to prepare territorial plans and use the National Planning Registry. Furthermore, the NTPA itself lacks skills and knowledge to recruit and train qualified staff, develop budgets and strategies, coordinate with other GOA institutions, develop management processes, and provide information to the public on its roles and functions.

C.4.4.b. Component IV Tasks and Deliverables:

1. Deliver an action plan within the first three months following award for carrying out this component. The plan will review the NTPA’s existing capacities, lines of authorities, and mandate to effectively implement the Law on Territorial Planning. The action plan will specify activities that the contractor will carry out to help NTPA improve capacities, clarify lines of authorities and exercise its mandate to effectively implement the Law. The plan is subject to USAID COTR approval.

2. Assist the NTPA in developing a conceptual framework for the National Territorial Plan in accordance with the

Territorial Planning Law and implementing regulations.

3. Assist selected local government planning departments in developing skills and knowledge to draft territorial plans in accordance with the Law on Territorial Planning.

4. Assist selected local government planning departments in developing skills and knowledge to use of the Geographic

Information System to review and update plans.

5. Assist civil society groups, businesses, and other NGOs in increasing participation in and oversight of territorial planning.

C.4.4.c. Component IV LOE:

Illustrative Level of Effort (LOE) for Component IV

Suggested Level of Qualification

Illustrative LOE (workdays)

Chief of Party = Municipal Finance Expert Key Personnel, See C.5.1

Senior 260

Urban Planning Expert Key Personnel, See C.5.2

Senior 600

Urban Planning Expert (local – full time) Key Personnel, See C.5.4

Senior 1200

Short Term Experts in territorial planning, in environmental compliance (international - STTA)

Senior 500

Deviations from illustrative LOE shall be explained in the Offeror’s proposal. Offerors shall propose their own management and staffing

The table shows illustrative LOE. Offerors shall propose their own management and staffing structure using Attachment J.10 as a template.

2 Information on National Planning Registry is at www.akpt.gov.al.

3 The 15 municipalities are: Shkoder, Durres, Kamza, Vlora, Berati, Korca, Gjirokaster, Lushnja, Divjake, Lac, Cerrik, Belsh, Peqin, Gramsh, and Prrenjas.

C.4.4.d. Component IV Results:

1. NTPA (National Territorial Planning Agency) will improve its capacity to exercise its mandate to effectively implement the TPL (Territorial Planning Law).

2. NTPA develops a conceptual framework for the National Territorial Plan in accordance with the Territorial Planning Law.

3. Selected local government planning departments increase their capacity to draft and review local territorial plans in accordance with the Territorial Planning Law.

4. Civil society groups, businesses, and other NGOs in the selected local governments increase participation in and oversight of territorial planning.

C.4.4.e. Component IV Illustrative Indicators:

1. Number of sub-national government entities receiving USG training assistance in implementation of the Territorial Planning Law.

2. Strategic Plan for the NTPA with clear tasks actions and lines of authorities drafted with USG assistance.

3. Conceptual framework for the National Territorial Plan drafted with USG assistance and submitted to the GOA for approval.

4. Number of trainers on territorial planning trained with USG assistance.

5. Number of local planners in the selected municipalities trained with regard to the implementation of the

Territorial Planning Law and related regulations.

6. Number of businesses and local stakeholders participating in the drafting and approval process of Municipal

Urban Regulatory Plans.

7. Number of local plans updated and reviewed in the GIS system.

8. Number of building permits updated and reviewed in the GIS system.

C.5. Project Key Personnel and Qualifications

C.5.1. Chief of Party (U.S. Expat)

The Chief of Party (COP) must be a US citizen committed through the life of the project. The COP is the primary point of contact with USAID/Albania regarding the day-to-day implementation and management of the contract.

Minimum qualifications include the following:

1. Excellent demonstrated track record of successfully leading and inspiring a multi-disciplinary team under difficult and challenging circumstances;

2. Minimal seven years of demonstrated experience in local governance municipal finance and decentralization reforms in developing countries.

3. Demonstrated track record in negotiating with a range of stakeholders, from high level government officials to NGO leaders and donors.

4. Education: An advanced degree preferred in one or more of the following areas: public administration, law, management or other subjects related to this project.

5. Native English language skills.

6. Experience as a COP on similar USG projects is preferred.

C.5.2. Urban Planning Expert (U.S. Expat, or Third-Country National or Cooperating Country National)

The Urban Planning expert must be a US citizen or a third country national committed for at least 2 years, 3 years preferred. The Expert will be the primary technical specialist for Component IV. Minimum qualifications include the following:

1. At least seven years of demonstrated, successful and progressively responsible experience in urban planning.

2. At least five years of international development experience.

3. Strong technical skills and knowledge in spatial planning, familiarity with European standards and planning policies.

4. A demonstrated track record of successfully managing teams of technical experts related with implementation of programs to achieve a complex set of goals in urban and regional planning.

5. Education: preferred advanced degree in urban planning or related field.

6. Level 5 R/S/W English skills

C.5.3. Municipal Governance/Decentralization Expert (Albanian National)

The municipal Governance/Decentralization Expert must be Albanian National committed through the life of the project.

Minimum qualifications must include the following:

1. At least 3 years of experience in local governance /decentralization.

2. Demonstrated experience (3-5 years) in managing related donor funded programs.

3. Strong technical skills and knowledge of decentralization reform/local governance reform in Albania

4. Education: Preferred advanced degree in public administration, economics, law or other related field.

5. Excellent English communication skills

C.5.4. Urban Planning expert (Albanian National)

The Urban Planning Expert must be an Albanian National committed through the life of the project. Minimum qualifications must include the following:

1. At least 3 years of experience in urban planning

2. Demonstrated experience (2-4 years) in managing related donor funded programs

3. Strong technical skills and knowledge in urban and regional planning in Albania

4. Education: Preferred advanced degree in Urban Planning.

5. Excellent English communication skills.

Other Personnel Qualifications: TBD

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

D.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

AIDAR (48 CFR Chapter 7) 752.7009 MARKING JAN 1993

D.2 752.7034 ACKNOWLEDGMENT AND DISCLAIMER. (DEC 1991)

(a) USAID shall be prominently acknowledged in all publications, videos or other information/media…