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Subject: RFP No. SOL-182-17-000001
USAID/Albania - Transparency in Health Engagement
To All Prospective Offerors:
The United States Government, represented by the U.S. Agency for International Development (USAID) through its Mission in Albania (USAID/Albania), is soliciting proposals from qualified organizations interested in providing the services described in the attached solicitation.
USAID/Albania anticipates awarding one cost plus fixed fee completion type contract with a period of performance of two (2) years. The maximum amount of the contract (including costs and fee) is in the range of $1.9 - $2.4 million, subject to the availability of funds. Cost-effective approaches to achieving the results stated in the government requirement are highly encouraged.
Offerors must propose costs that they believe are realistic and reasonable for the work. Cost proposals will be evaluated as part of the best value procedure in determining the contract award.
Only electronic proposals will be accepted. Proposals must be sent to Ketrina Janaqi at kjanaqi@usaid.gov and Albert Rexhepi at arexhepi@usaid.gov with a copy to mcapobianco@usaid.gov. Detailed requirements for Offerors’ proposals are outlined in Section L of this solicitation. Proposals must be signed by an official who is authorized to bind the organization and are to be submitted to USAID no later than the closing date and time stated above.
USAID’s anticipated procurement timeline is as follows:
Solicitation Issued: October 28, 2016 Questions Due: November 4, 2016 Answers Posted: November 11, 2016 Proposals Due: December 12, 2016 Competitive Range (if any): January 11, 2017 Revised Proposals Due: February 1, 2017 Award: March 1, 2017
Issuance of this solicitation and the submittal of a proposal do not constitute a commitment on the part of the U.S. Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.
Thank you for your interest in working with USAID/Albania.
Sincerely, Michael Capobianco Regional Contracting Officer USAID/Kosovo
Request for Proposals (RFP) No.: SOL-182-17-000001 Issue Date: October 28, 2016 Questions Due: November 4, 2016 Closing Date: December 12, 2016
RFP No. SOL-182-17-000001
TABLE OF CONTENTS
PART I – THE SCHEDULE
SECTION B – SERVICES AND PRICE/COSTS
| B.1 | PURPOSE | .................................................................................................................................. | 6 | ||||||
| B.2 | CONTRACT | TYPE | AND | CONTRACT | SERVICES | .............................................................. | 6 | ||
| B.3 | ESTIMATED | COST, | FIXED | FEE, | AND | OBLIGATED | AMOUNT | .................................... | 6 |
| B.4 | CONTRACT | BUDGET | AND | CEILINGS | ............................................................................... | 6 | |||
| B.5 | PAYMENT | OF | FIXED | FEE | ..................................................................................................... | 6 | |||
| B.6 | INDIRECT | COSTS | ................................................................................................................... | 7 | |||||
| B.7 | MULTI‐YEAR | CONTRACT | AND | CANCELLATION | CEILING | ........................................ | 7 |
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
| C.1 | TITLE | OF | ACTIVITY | .............................................................................................................. | 8 |
| C.2 | PURPOSE | .................................................................................................................................. | 8 | ||
| C.3 | BACKGROUND | ........................................................................................................................ | 8 | ||
| C.4 | OBJECTIVES.......................................................................................................................... | 10 |
SECTION D – BRANDING AND MARKING
| D.1 | MARKING | AND | BRANDING | STRATEGY | ....................................................................... | 15 | |
| D.2 | AIDAR | 752.7009 | MARKING | (JAN | 1993) | ........................................................................... | 15 |
SECTION E – INSPECTION AND ACCEPTANCE
| E.1 | NOTICE | LISTING | CONTRACT | CLAUSES | INCORPORATED | BY | REFERENCE | ...... | 16 |
| E.2 | INSPECTION | AND | ACCEPTANCE.................................................................................... | 16 |
SECTION F – DELIVERIES OR PERFORMANCE
| F.1 | NOTICE | LISTING | CONTRACT | CLAUSES | INCORPORATED | BY | REFERENCE | ...... | 17 |
| F.2 | PERIOD | OF | PERFORMANCE | ............................................................................................ | 17 | ||||
| F.3 | PLACE | OF | PERFORMANCE | .............................................................................................. | 17 | ||||
| F.4 | PERFORMANCE | STANDARDS | ......................................................................................... | 17 | |||||
| F.5 | AUTHORIZED | WORK | WEEK | ........................................................................................... | 17 | ||||
| F.6 | REPORTS, | PLANS | AND | EXPECTED | DELIVERABLES | ................................................ | 17 | ||
| F.6(a) | ANNUAL | WORK | PLANS | ....................................................................................................... | 18 | ||||
| F.6(b) | PERFORMANCE | MONITORING | PLAN | ............................................................................ | 19 | ||||
| F.6(c) | QUARTERLY | PROGRESS | REPORTS | ....................................................................................... | 19 | ||||
| F.6(d) | QUARTERLY | FINANCIAL | REPORTS | ................................................................................ | 20 | ||||
| F.6(e) | GRANTS | UNDER | CONTRACT | MANUAL | ......................................................................... | 20 | |||
| F.6(f) | DEMOBILIZATION | PLAN | .......................................................................................................... | 20 | |||||
| F.6(g) | FINAL | REPORT | ........................................................................................................................ | 21 | |||||
| F.6(h) | OTHER | REPORTS | AND | MATERIALS | ............................................................................... | 21 |
F.7 KEY PERSONNEL
SECTION G – CONTRACT ADMINISTRATION DATA
| G.1 | CONTRACTING | OFFICER’S | AUTHORITY | ..................................................................... | 22 | ||||
| G.2 | AIDAR | 752.7003 | DOCUMENTATION | FOR | PAYMENT | (NOV | 1998) | .................... | 22 |
| G.3 | CONTRACTING | OFFICER’S | REPRESENTATIVE | (COR) | ............................................ | 23 | |||
| G.4 | PAYING | OFFICE | ................................................................................................................... | 23 | |||||
| G.5 | ACCOUNTING | AND | APPROPRIATION | DATA | ............................................................. | 24 | |||
| G.6 | TECHNICAL | DIRECTIONS/RELATIONSHIP | WITH | USAID | ...................................... | 24 | |||
| G.7 | CONTRACTOR’S | PRIMARY | POINT | OF | CONTACT | ..................................................... | 25 | ||
| G.8 | CONTRACTOR’S | PAYMENT | ADDRESS | ......................................................................... | 25 |
SECTION H – SPECIAL CONTRACT REQUIREMENTS
| H.1 | NOTICE | LISTING | CONTRACT | CLAUSES | INCORPORATED | BY | REFERENCE | ...... | 26 | |
| H.2 | AIDAR | 752.225‐70 | SOURCE | AND | NATIONALITY | REQUIREMENTS | (FEB | 2012) | ||
| 26 | ||||||||||
| H.3 | ADS | 302.3.5.19 | USAID‐FINANCED | THIRD‐PARTY | WEB | SITES | (AUG | 2013) | ... | 27 |
| H.4 | ADS | 302.3.5.22 | SUBMISSION | OF | DATASETS | TO | THE | DEVELOPMENT | DATA | |
| LIBRARY | (DDL) | (OCT | 2014) | ......................................................................................................... | 28 | |||||
| H.5 | AIDAR | 752.7004 | EMERGENCY | LOCATOR | INFORMATION | (JUL | 1997) | ............. | 29 | |
| H.6 | AIDAR | 752.7007 | PERSONNEL | COMPENSATION | (JULY | 2007) | ............................ | 29 | ||
| H.7 | ADDITIONAL | REQUIREMENTS | FOR | PERSONNEL | COMPENSATION | .................. | 29 | |||
| H.8 | AIDAR | 752.7031 | LEAVE | AND | HOLIDAYS | (OCT | 1989) | ........................................... | 30 | |
| H.9 | AIDAR | 752.228‐70 | MEDICAL | EVACUATION | (MEDEVAC) | SERVICES | (JUL | 2007) | ||
| 32 | ||||||||||
| H.10 | AIDAR | 752.222‐70 | USAID | DISABILITY | POLICY | (DEC | 2004) | ............................... | 33 | |
| H.11 | AUTHORIZED | GEOGRAPHIC | CODE | ............................................................................... | 33 | |||||
| H.12 | EXECUTIVE | ORDERS | ON | TERRORISM | FINANCING | ................................................. | 33 | |||
| H.13 | NONEXPENDABLE | PROPERTY | PURCHASES | AND | INFORMATION | |||||
| TECHNOLOGY | RESOURCES | ........................................................................................................... | 34 | |||||||
| H.14 | GOVERNMENT | FURNISHED | FACILITIES | OR | PROPERTY | ....................................... | 35 | |||
| H.15 | FOREIGN | GOVERNMENT | DELEGATIONS | TO | INTERNATIONAL | CONFERENCES | ||||
| 35 | ||||||||||
| H.16 | LOGISTICAL | SUPPORT | ..................................................................................................... | 35 | ||||||
| H.17 | LANGUAGE | REQUIREMENTS | .......................................................................................... | 35 | ||||||
| H.18 | AIDAR | 752.7032 | INTERNATIONAL | TRAVEL | APPROVAL | AND | NOTIFICATION | |||
| REQUIREMENTS | (APR | 2014) | ....................................................................................................... | 35 | ||||||
| H.19 | FRAUD | REPORTING........................................................................................................... | 36 | |||||||
| H.20 | ENVIRONMENTAL | COMPLIANCE | .................................................................................. | 36 | ||||||
| H.21 | DISCLOSURE | OF | INFORMATION | ................................................................................... | 37 | |||||
| H.22 | FACILITIES | USED | FOR | RELIGIOUS | ACTIVITIES | ........................................................ | 37 | |||
| H.23 | GRANTS | UNDER | CONTRACT | ........................................................................................... | 38 | |||||
| H.24 | INSURANCE | .......................................................................................................................... | 39 |
PART II – CONTRACT CLAUSES
SECTION I
| I.1 | 52.252‐2 | CLAUSES | INCORPORATED | BY | REFERENCE | (FEB | 1998) | ..................... | 41 | ||
| I.2 | AIDAR | 752.252‐2 | AIDAR | CLAUSES | INCORPORATED | BY | REFERENCE | (MAR | 2015) | ||
| ................................................................................................................................................................ | 43 | ||||||||||
| I.3 | FAR | 52.204‐1 | APPROVAL | OF | CONTRACT | (DEC | 1989) | ............................................... | 44 | ||
| I.4 | FAR | 52.229‐8 | TAXES | – | FOREIGN | COST‐REIMBURSEMENT | CONTRACTS | (MAR | |||
| 1990) | .................................................................................................................................................... | 44 | |||||||||
| I.5 | AIDAR | 752.209‐71 | ORGANIZATIONAL | CONFLICTS | OF | INTEREST | DISCOVERED | ||||
| AFTER | AWARD | (JUN | 1993) | ........................................................................................................... | 45 | ||||||
| I.6 | AIDAR | 752.242‐70 | PERIODIC | PROGRESS | REPORTS | (OCT | 2007) | .......................... | 45 | ||
| I.7 | AIDAR | 752.7025 | APPROVALS | (APR | 1984) | .................................................................... | 45 | ||||
| I.8 | AIDAR | 752.7101 | VOLUNTARY | POPULATION | PLANNING | ACTIVITIES | (JUNE | ||||
| 2008) | .................................................................................................................................................... | 45 | |||||||||
| I.9 | AIDAR | 752.229‐71 | REPORTING | OF | FOREIGN | TAXES | (JULY | 2007) | ....................... | 46 | |
| I.10 | AIDAR | 752.222‐71 | NONDISCRIMINATION | (JUNE | 2012) | ...................................... | 47 | ||||
| I.11 | AIDAR | 752.231‐72 | CONFERENCE | PLANNING | AND | REQUIRED | APPROVALS | ||||
| (AUG | 2013) | ......................................................................................................................................... | 47 |
| I.12 | AIDAR | 752.7036 | USAID | IMPLEMENTING | PARTNER | NOTICES | (IPN) | PORTAL | |
| FOR | ACQUISITION | (JUL | 2014) | ..................................................................................................... | 48 | ||||
| I.13 | AIDAR | 752.7037 | CHILD | SAFEGUARDING | STANDARDS | (AUG | 2016) | ................ | 49 |
| I.14 | FAR | 52.203‐99 | PROHIBITION | ON | CONTRACTING | WITH | ENTITIES | THAT | |
| REQUIRE | CERTAIN | INTERNAL | CONFIDENTIALITY | AGREEMENTS | (APR | 2015) | ......... | 50 | |
| I.15 | AIDAR | 752.7038 | Nondiscrimination | against | End‐Users | of | Supplies | or | |
| Service(OCT | 2016 | ............................................................................................................................ | 51 |
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 | ........................................................................................................................................ | 53 | ||||||||
| K.2 | FAR | 52.203‐98 | PROHIBITION | ON | CONTRACTING | WITH | ENTITIES | THAT | ||
| REQUIRE | CERTAIN | INTERNAL | CONFIDENTIALITY | AGREEMENTS‐REPRESENTATION | ||||||
| (APR | 2015) | ......................................................................................................................................... | 53 | |||||||
| K.3 | FAR | 52.204‐8 | ANNUAL | REPRESENTATIONS | AND | CERTIFICATIONS | (APR | |||
| 2016) | 54 | |||||||||
| K.4 | FAR | 52.209‐5 | CERTIFICATION | REGARDING | RESPONSIBILITY | MATTERS | ..... | 56 | ||
| K.5 | FAR | 52.209‐7 | INFORMATION | REGARDING | RESPONSIBILITY | MATTERS | (JUL | |||
| 2013) | 58 | |||||||||
| K.6 | FAR | 52.209‐11 | REPRESENTATION | BY | CORPORATIONS | REGARDING | ||||
| DELINQUENT | TAX | LIABILITY | OR | A | FELONY | CONVICTION | UNDER | ANY | FEDERAL | LAW |
| (FEB | 2016) | ......................................................................................................................................... | 59 | |||||||
| K.7 | FAR | 52.222‐22 | PREVIOUS | CONTRACTS | AND | COMPLIANCE | REPORTS | (FEB | ||
| 1999) | 59 | |||||||||
| K.8 | FAR | 52.222‐25 | AFFIRMATIVE | ACTION | COMPLIANCE | (APR | 1984) | .................. | 59 | |
| K.9 | FAR | 52.225‐2 | BUY | AMERICAN | CERTIFICATE | (MAY | 2014) | .................................. | 60 | |
| K.10 | FAR | 52.230‐1 | COST | ACCOUNTING | STANDARDS | NOTICES | AND | |||
| CERTIFICATION | (OCT | 2015) | ........................................................................................................ | 60 | ||||||
| K.11 | FAR | 52.230‐7 | PROPOSAL | DISCLOSURE—COST | ACCOUNTING | PRACTICE | ||||
| CHANGES | (APR | 2005) | ..................................................................................................................... | 62 | ||||||
| K.12 | INSURANCE—IMMUNITY | FROM | TORT | LIABILITY | ................................................. | 62 | ||||
| K.13 | AUTHORIZED | NEGOTIATORS | ............................................................................................ | 62 | ||||||
| K.14 | SIGNATURE | .......................................................................................................................... | 62 |
SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
| L.1 | FAR | 52.252‐1 | SOLICITATION | PROVISIONS | INCORPORATED | BY | REFERENCE | |||
| (FEB | 1998) | ......................................................................................................................................... | 64 | |||||||
| L.2 | FAR | 52.216‐1 | TYPE | OF | CONTRACT | (APR | 1984) | ..................................................... | 64 | |
| L.3 | FAR | 52.233‐2 | SERVICE | OF | PROTEST | (SEP | 2006) | .......................................................... | 64 | |
| L.4 | GENERAL | INSTRUCTIONS | TO | OFFERORS | .................................................................. | 65 | ||||
| L.5 | PROPOSAL | SUBMISSION | .................................................................................................. | 65 | ||||||
| L.6 | INSTRUCTIONS | FOR | THE | PREPARATION | OF | THE | TECHNICAL | PROPOSAL | ... | 66 |
| L.7 | INSTRUCTIONS | FOR | THE | PREPARATION | OF | THE | COST | PROPOSAL | ....................... | 67 |
SECTION M – EVALUATION FACTORS FOR AWARD
M.1 GENERAL INFORMATION
| M.2 | TECHNICAL | EVALUATION | CRITERIA | .......................................................................... | 71 | |
| M.3 | EVALUATION | OF | PAST | PERFORMANCE | ..................................................................... | 71 |
| M.4 | COST | PROPOSAL | EVALUATION | ..................................................................................... | 73 | |
| M.5 | DETERMINATION | OF | COMPETITIVE | RANGE | ............................................................ | 73 |
| M.6 | SOURCE | SELECTION | .......................................................................................................... | 73 |
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/Albania’s program entitled “Transparency in Health Engagement (THE).”
B.2 CONTRACT TYPE AND CONTRACT SERVICES
This is a cost-plus-fixed-fee (CPFF) completion-type contract. For the consideration set forth below, the Contractor must achieve the performance objectives and deliverables or outputs described in this 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, is $______. The fixed fee, if any, for the contract period is $_________. The total estimated cost plus fixed fee is $_________.
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 $_____. The Contractor must not exceed the aforementioned obligated amount.
c) Funds obligated hereunder are anticipated to be sufficient through _______. 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 Direct TBD Grants Under Contract TBD Subcontracts TBD Indirect Costs TBD Fixed Fee TBD Total Cost Plus Fixed Fee TBD
B.5 PAYMENT OF FIXED FEE
The Government must pay the Contractor for performing this contract the fixed fee specified in the Schedule.
The fee must be paid in installments at the time of each payment on account of allowable cost.
The amount of each such installment will be determined by applying to the amount payable as allowable cost a percentage reflecting the ratio of total contract fee to total contract estimated costs.
In the event of discontinuance of the work in accordance with the clause of the contract entitled “Termination (Cost Reimbursement)” (FAR 52.249-6), the fee must be re-determined by mutual agreement equitably to reflect the reduction in the work actually performed. The amount by which such fee is less than, or exceeds, payments previously made on account of the fee must be paid to, or repaid by the Contractor, as applicable.
B.6 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 1/ 1/ 1/
[TO BE DETERMINED]
B.7 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 $0. 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: 2016/2017 N/A N/A Year 2: 2017/2018 March 31, 2017 $0
[END OF SECTION B]
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 TITLE OF ACTIVITY
Transparency in Health Engagement (THE)
C.2 PURPOSE
The purpose of the Transparency in Health Engagement (THE) activity is to improve health services for Albanian citizens by focusing on corruption and encouraging cooperation among selected independent government institutions, civil society organizations (CSOs) and media to urge for more responsible governance in the health sector.
C.3 BACKGROUND
Almost 25 years after the fall of communism, Albania continues to struggle with building democratic institutions and practices, including respect for rule of law. According to the Nations in Transit Report 2015, each of the democracy scores is either in stagnation or in deterioration with Corruption, Judicial Framework and Independence, and National Democratic Governance featuring the worst scores.
Albania has been a North Atlantic Treaty Organization (NATO) member since 2009 and has strong aspirations for becoming a European Union (EU) member. On 23 June 2014, Albania was given candidate status with the start date of accession negotiations to be determined pending, among others, quality reforms in the areas of public administration, rule of law, corruption, organized crime, and fundamental rights. The European Commission’s 2015 Progress Report on Albania noted that, as concerns public administration reform, Albania still has to provide for “…a professional and depoliticized public administration, to increase the financial and administrative capacity of local government units and to ensure effective implementation of the civil service law at local level”. Regarding the rule of law, the Report notes that the major concerns are judicial independence and accountability. The Report defines that it will be crucial for Albania to adopt and implement justice reform through the adoption of the necessary institutional, legislative and procedural measures. The Report notes that corruption is widespread. For Albania to move forward in the negotiation process the Report says that Albania has still to establish a solid track record of investigations, prosecutions and convictions at all levels. The Report says “Proactive investigations, systematic risk assessments and inter-institutional cooperation need to be improved. The independence of institutions involved in the fight against corruption needs to be enhanced, as they remain vulnerable to political pressure and other undue influence.”
Recognizing corruption as a pervasive phenomenon that hinders progress in all areas of governance, the Government of Albania (GoA) recently adopted an Anticorruption Strategy and Action Plan and is extensively engaged in efforts to implement justice reform to make the judiciary more independent and accountable, capable of sanctioning high level GoA officials that engage in corrupt practices.
As the justice sector currently dominates anticorruption talks, there are a number of, at least theoretically, independent anticorruption bodies whose work and cooperation needs to be strengthened to increase their performance in the fight against corruption. In December 2015 – January 2016, USAID engaged in a number of meetings with some of these institutions including the High Inspectorate for the Declaration and Audit of Assets and the Prevention of Conflict of
Interest (HIDAA), the High State Audit (HSA), and the Ombudsman. If these organizations are catalyzed by civil society and cooperate better in areas of common interest, there is potential to address institutionalized corruption. One such area of particular interest to the general Albanian public and very much susceptible to corruption is health.
Following the end of the Communist regime, insufficient funding was made available to maintain hospitals and services, so healthcare fell into decline. Things have improved during the last 10 years, but still lag well behind Western European standards in terms of the range of equipment and medical technologies available to the relatively poor.
The April “2015 Program Snapshot on Albania” of the World Bank Group Partnership states, “Albania spends about 2.6 percent of GDP on health care, substantially lower than that spent by other countries with comparable income levels. As a result of low public sector spending, out-of-pocket expenditures at the point of service account for about 60 percent of sectoral funding. The high level of direct household spending indicates that the existing health financing system offers limited protection to the population against catastrophic illness or injury and allows for little redistribution of resources to protect the most vulnerable groups from health shocks. The economic barrier to accessing quality services by the poor is exacerbated by the lack of total health insurance coverage.”
Under such circumstances corruption in the health sector has flourished with health often being referred to as one of the most corrupt government sectors. Corruption in health takes various forms ranging from bribes to doctors and nurses in exchange for health services which would otherwise not be provided or would lack in quality, to grand corruption that involves large procurements and concessions that include drugs, equipment and supplies, hospital waste management, sterilization, and routine check-ups. The latter have recently become the focus of a lot of media coverage and audits by the HSA.
The activity will especially focus on the grand corruption, looking particularly at procurements and concessions that affect delivery of health services to citizens. It is expected that better cooperation between HIDAA, HSA, Ombudsman, civil society and media can lead to increased scrutiny of the sector, better exposure of corruption and higher public pressure for better management of the sector and, ultimately, better health services for citizens. As each of these institutions has a role to play as it regards health services, increasing their capacities, providing them with better tools to conduct their work, and making transparent their performance data for civil society and media to scrutinize will better expose the wrong-doing and will increase public pressure to urge the government to improve the situation.
Challenges:
Fighting corruption in Albania is not an easy task, and even more so in a delicate, complicated, and underfunded sector like health where intrinsic interests to maintain the status quo dominate.
Despite the efforts and resources invested in the fight against corruption, progress is slow.
Governments have succeeded each other on promises to fight corruption but end up accused of being as corrupt as their predecessor, if not more. Because governments are not willing by themselves to take firm action against corruption, oversight and monitoring pressure remains the only force that can drive improved governance. The proposed activity involves working with an alliance among civil society and media and selected GoA institutions that have a role to play in the fight against corruption.
Opportunities:
Openness of selected institutions to cooperation with civil society. Previous civil society track record of good cooperation (for example, HSA with the Center for Transparency and Freedom of Information).
More and more independent social media are available that publish information like reporter.al operated by BIRN or investigim.al operated by the Association of Journalists for Justice that USAID helped establish.
Current Leadership of the selected institutions favors the successful implementation of the activity.
More and more GoA data is now available to civil society and media to use for their monitoring and investigations.
C.4 OBJECTIVES
Activity Goal /Theory of Change:
The goal of this activity is to improve governance of the health sector in Albania by improving the capacity of independent government bodies, civil society, and media to work together to identify, denounce, and deter corrupt practices. The contractor must achieve this through better cooperation between civil society and selected independent government institutions such as the HSA, the HIDAA, and the Ombudsman.
The health sector in Albania is perceived as highly corrupt. Acknowledging the entrenched interests of government officials in maintaining the status quo in health, the contractor must work to increase public pressure to produce the necessary demand for change. Therefore, civil society and media will play an essential role in this activity by widely exposing corruption where it exists.
The contractor’s work with civil society and media will help maintain the linkages and cooperation between the aforementioned independent government institutions. At times, civil society and media will partner with these institutions in urging the government and the prosecution offices to pursue the corrupt. Together, they would form the outreach effort to the public. At other times, civil society and media will look at the workings of the independent bodies themselves to urge them to perform better.
To allow for the independent government institutions and civil society to accomplish their missions, the contractor must provide them and the independent institutions with the necessary tools to do their job. As each of these institutions has a role to play as it regards health services, increasing their capacities and cooperation, providing them with better tools to conduct their work, making transparent their performance data for civil society and media to use can lead to increased scrutiny of the sector, better exposure of corruption and higher public pressure for better management of the sector and, ultimately, better health services for citizens.
Specific Objectives:
In order to achieve the objectives, the contractor must perform work under four components. 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.
The AWP must outline the implementation process and detail activity schedules, resource requirements, roles and responsibilities, monitoring, reporting and review procedures. Quarterly monitoring of milestones, which are identified in the AWP, must be conducted by the contractor with progress being reviewed monthly and reported quarterly to the COR. Annual self-assessments by partners and stakeholders, as well as engagement of civil society and surveys, may be used to identify lessons learned and guide future work plans.
Component 1: HSA
Component 1 aims to increase the role and impact of performance audits in the health sector.
Civil society will follow up on their findings and government action to rectify the situation.
HSA is an independent constitutional body charged with economic and financial audits of government institutions. In 2014 the law regulating its functioning was further improved to make the HSA more independent and charge it with additional functions, such as performance audits.
The recent years have seen this institution play a better role in the fight against corruption. As a result of its work, about 160 cases were referred to the Prosecutor’s Office in the past four years.
In addition to financial audits, in the past three years the HSA completed a number of performance audits which mainly look at how efficiently money was spent. The performance audits have focused on several institutions and fields including railways, urban waste, new territorial reform, education, road safety, environmental policies, and others. They provide an opportunity for better monitoring the management of the health sector, too.
Under this component the contractor must assess HSA and then deliver targeted technical assistance that focuses on increasing the capacities of the HSA to complete performance audits in the health sector, detect and refer corrupt practices, provide recommendations for improvements and track their implementation. The Performance Audit Department in the HSA is comprised of 15 auditors. The contractor must perform a baseline assessment of their capacities and the improvement needs before engaging in any capacity building activities.
In completing these audits, HSA must work closely with HIDAA and the Ombudsman to make the process as thorough as possible. Civil society will be an essential partner that will help publish findings and recommendations and will follow their implementation. The work of the HSA, HIDAA and Ombudsman will also be a matter of scrutiny by civil society and media.
Expected Outcomes:
Improved performance audits of Albania’s health sector which produce more and/or better opportunities to improve management performance and decreased space for corruption in the health sector;
Increased public awareness of abuses and corruption in health;
Increased public pressure for government action;
Component 2: HIDAA
Component 2 focuses on the development of a new electronic system for asset declaration that will provide HIDAA and civil society with better data about the wealth of public sector officials to facilitate the scrutinizing of public officials’ wealth.
HIDAA collects and audits the annual declaration of assets and properties of around 5,000 mid-and high-level public officials in central and local executive agencies and supervises the prevention of conflicts of interest. Since its creation in 2003, HIDAA has gone a long way into establishing itself as an important anticorruption institution. Gradually over the years, the filing rate of public officials has increased, and cooperation with local public and private institutions has improved, HIDAA has referred more cases to prosecutors, and their cases have been stronger over time. HIDAA has also gained a reputation for being a transparent institution in offering public information of public officials’ assets upon request.
Although HIDAA’s role in fighting corruption cannot be underestimated, there still continues to be a number of high profile corruption cases that remain unsolved. These are cases where prosecutors do not take action or cases where courts do not take action. In HIDAA’s referrals to prosecutors, less than 50% make their way to indictments and even less to the courts, with a small percentage resulting in punishments. Because corruption is so widely spread and under circumstances where justice sector institutions are also involved in corruption, increasing public demand and pressure against corruption takes paramount importance.
In order to be able to play its watchdog role the civil society and media in particular need to have the tools to be able to monitor the work of public institutions and their officials. The new electronic asset declaration system will become a powerful tool not only for HIDAA, increasing its efficiency and effectiveness, but it will also provide for a monitoring tool for civil society to use.
As the situation stands now, HIDAA must manually scan all public officials’ declarations in a simple system that USAID helped establish about ten years ago. The current system is quite primitive. It allows for retrieval of declaration forms by name of public officials, but it is not able to mine data or make any calculations on the evolution of assets over the years. Time spent scanning forms one by one into the system is time not available for the administrative investigations that they conduct and to respond to any public requests for access to the data. This has become even more difficult after recent changes in the law that have tripled the number of full investigations that HIDAA is required to conduct and simplified public requests for information by removing fees for service.
Under such circumstances, a modern electronic asset declaration system would allow HIDAA to better perform its functions while also remaining transparent and accessible to the public. The new system will allow for easy and secure online filing of declaration forms by public officials, generation of reports and statistics on the evolution of public officials assets that HIDAA can use in its own investigations, and quick, free access of the public into such declarations and reports.
While facilitating HIDAA’s administrative investigative job, the system will allow ordinary citizens, civil society and media to easily access asset declarations, scrutinize the information, widely publish their findings so that more pressure is exerted towards HIDAA, prosecutors, courts, and the government for better performance in the fight against corruption. The system is expected to facilitate opportunities for more informed public discussion in tackling specific corruption cases as well as the corruption phenomena as a whole hopefully leading to the much needed reforms.
The contractor must work closely with HIDAA to make an assessment of their needs and define the specifications for the system. The assessment must take into consideration operations and maintenance costs of the system and the ability of HIDAA to sustain the system. Once the specifications are defined, the contractor must purchase and install the system for HIDAA. The contractor must utilize commercial software to the maximum extent practicable to minimize lifetime operational costs. The contractor must also provide training to HIDAA staff in maintaining and operating the system. The ownership of the system will be with HIDAA.
Improved performance of HIDAA in administrative investigations;
Improved access of civil society to longitudinal data regarding the wealth of public officials;
Increased public awareness of the magnitude of corruption among public officials;
Improved capacities of civil society and media to conduct their own investigations into conflicts of interest in the health sector;
Increased cooperation between civil society and HIDAA, particularly in the health sector;
Increased pressure for the government to pursue corrupt officials.
Component 3: Ombudsman
Component 3 aims to improve the capacities of the Ombudsman Office to identify, refer, and publish corrupt practices as well as opportunities for corruption in the delivery of health services.
The Ombudsman is an independent constitutional body charged with protecting human rights from the actions or non-actions of GoA institutions as they exercise their functions. While freedom from official corruption is not inherently a human right, the global community has long recognized that official corruption is the cause of human suffering and deprivation. Thus, although not a direct human rights violation, official corruption is a means by which human rights are violated. As the Ombudsman carries out its function of a human rights defender, it quite often comes across instances where human rights violations stem from corrupt acts. Health services are no exception. Too often, corruption gets in the way of ordinary citizens and prevents them from getting health services they are otherwise entitled to receive free of charge, resulting in a violation of the human right to enjoy in an equal manner the right to health care from the state, as provided by Article 55, par. 1 of the Constitution.
Increasing the capacities of the Ombudsman to identify corrupt acts or opportunities for corruption in the delivery of health services can lead to better understanding of the situation as it regards health management, greater awareness of corruption in health and increased pressure for the government to take action. The contractor must achieve this by providing training to increase the capacities of the staff; introducing methodologies and tools that the Ombudsman can use to detect and monitor corrupt practices in health; and through the strengthening of institutional networking with the other independent agencies, as well as civil society and media. The contractor’s capacity building activities must be based on a capacity and needs assessment to be conducted by the contractor at the start of the project. It is expected that, as a result of this project, the Ombudsman will turn into an important source of information for both investigative media and prosecutors.
Ombudsman’s capacity to identify and refer corrupt practices is improved;
CSOs and media are better equipped to work with the Ombudsman to identify and denounce corrupt practices in health;
Citizen’s awareness on the magnitude of corruption in health is increased;
Public pressure for reforms in health management is increased.
Component 4: Civil society and media
Component 4 focuses on a grants under contract (GUC) mechanism, and is a crosscutting component that will serve to enhance the anti-corruption work of other institutions listed above.
Civil society will be engaged in this activity through the GUC mechanism.
The goal of civil society work is to expose corruption and increase public demand for change.
The contractor’s work with civil society and media must help maintain the linkages and cooperation between the aforementioned independent government institutions. At times, civil society and media will partner with these institutions in urging the government and the prosecution offices to pursue the corrupt. Together, they would form the outreach effort to the public. At other times, the civil society and media will look at the workings of the independent bodies themselves to urge them to perform better.
The contractor must award GUCs to civil society and media organizations to achieve the results of this component and the crosscutting theme.
All GUCs issued must be fixed amount awards.
Cooperation between HSA, HIDAA, Ombudsman and civil society is increased;
Corrupt acts are better exposed and published;
Performance of HSA, HIDAA, and Ombudsman in the fight against corruption is increased;
Public demand for change is increased.
[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 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 http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at www.usaid.gov/branding or any successor branding policy.
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 http://www.usaid.gov/work-usaid/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]
SECTION E – INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.232-2 CLAUSES INCORPORATED BY 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 JAN 2014
52.246-5 INSPECTION OF 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 Contracting Officer's Representative (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 two (2) years from date of contract award.
F.3 PLACE OF PERFORMANCE
The place of performance is Albania.
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 Performance Monitoring Plan (PMP), 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). The Contracting Officer and the COR will jointly conduct the evaluation of the Contractor’s overall performance. This evaluation will form the basis of the Contractor’s permanent performance record under this contract.
F.5 AUTHORIZED WORK WEEK
The standard work week is from Monday through Friday. No overtime or premium pay is authorized under this Contract. The Contractor is authorized up to a five-day work week for long-term staff. A six-day work week may be authorized on a case by case basis with the prior written approval of the designated Contracting Officer’s Representative (COR).
F.6 REPORTS, PLANS AND EXPECTED DELIVERABLES
In addition to other required reports and deliverables in this contract, the Contractor must deliver the following for the approval of the Contracting Officer’s Representative (COR). 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 Closeout plan and the Property Disposition plan, which are subject to Contracting Officer’s approval.
The following table summarizes the reports under this award. These reports must be submitted in English, unless otherwise stated herein. Other reports/deliverables may be required during the course of the award and the due dates for these will be agreed to between the Contractor and the COR as needed.
No. Reports/Deliverables Due Dates 1 Draft First Year Annual Work Plan
(AWP)
Within 15 calendar days of the effective date of the contract
2 Final First Year AWP Within 45 calendar days of the effective date of the contract
3 Subsequent AWPs Draft: 30 calendar days before anniversary of contract award date.
Final: 15 calendar days after anniversary of contract award date.
4 Final Performance Monitoring Plan Within 45 calendar days of effective date of contract
5 Quarterly Progress Report Within 15 calendar days after end of each fiscal quarter
6 Quarterly Financial Report To be submitted as part of Quarterly Progress Reports
7 Grants Under Contract Manual Draft: within 30 calendar days of the effective date of the contract Final: within 60 calendar days of the effective date of the contract
8 Demobilization Plan & Property…
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