RFP_SOL-442-15-000012_CCSS.pdf

U.S. Agency for International Development US Embassy Tel: (855) 23-728-300 #1 St. 96 Fax: (855) 23-430-263 Phnom Penh, Cambodia

RFP Number: SOL-442-15-000012 Issuance Date: September 1, 2015

Questions due by: September 8, 2015, 1400 Cambodia Time Proposal Submission Deadline: October 16, 2015, 1400 Cambodia Time

SUBJECT: Request for Proposal (RFP) No. SOL-442-15-000012, Cambodian Civil Society Strengthening (CCSS) Project

To All Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development in Cambodia (USAID/Cambodia), is seeking proposals from qualified organizations interested in providing the services as described in the attached solicitation.

Section C of this solicitation sets forth the activities required to be implemented. Section L of the RFP sets forth instructions for the preparation and submission of proposals and specifies the required content of proposals. Please submit your proposal in accordance with the requirements in Sections C and L of this solicitation. Section M states the criteria by which proposals will be evaluated, and the award will be made.

USAID plans to award a five-year cost-plus-fixed fee, term form contract with an estimated level of effort. The total estimated cost of the activity is in the range of $4-$10 million subject to the availability of funds over the period of performance of which $3 million must be set aside for grants to various non-governmental organizations. Nevertheless, providing the price range for the contract does not mean that offerors should necessarily strive to meet the maximum amount. The offeror must propose costs that it believes are realistic and reasonable for the work. Cost proposals will be evaluated for cost reasonableness and cost realism as part of a Best-Value determination for contract award with the possible use of tradeoff process; therefore, offerors should propose cost effective approaches to achieve the results. The North American Industry Classification System (NAICS) code for this acquisition is 541990 (All Other Professional, Scientific, and Technical Services).

Proposals from consortia or partnerships between eligible organizations are welcome. Teaming arrangements, especially those that include U.S. small business and local Cambodian Partners are encouraged in order to provide multi-sector integration of the project. However, given the relatively limited number of local organizations working in this sector, exclusive teaming arrangements that include local Cambodian partners is discouraged. Cambodian organizations are encouraged to submit proposals as prime offerors. They may also submit proposals as sub-partners on multiple proposals.

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

Offerors are encouraged to register and use the Interested Vendor List (IVL) on the Federal Business Opportunities page, so that firms can contact one another for consideration of teaming arrangements and/or small business subcontracting opportunities in response to this solicitation.

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/Cambodia programs.

Sincerely, /s/

Brian K. Woody Contracting Officer USAID/Cambodia

SOL-442-15-000012

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 107

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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

11. TABLE OF CONTENTS

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(Type or print)AND

ADDRESS

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OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

X

CAMBODIA

USAID/CAMBODIA

Office of Acquisition & Assistance #1 Street 96 Khan Daun Penh Phnom Penh, Cambodia

1400 LT 10/16/2015

Oleg Polozov 855 0 opolozov@usaid.gov

237-2800

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AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

1-4 5-7

8-20 21-22 24-34 35-39 40-53

54-62

63-69

70-75

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102-107 see section L.7

RFP No. SOL-442-15-000012

Table of Contents Page

PART I - THE SCHEDULE 5

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 5

B.1 PURPOSE 5

B.2 CONTRACT TYPE AND SERVICES (CPFF) 5

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT 5

B.4 PRICE/COST SCHEDULE 5

B.5 COST REIMBURSABLE 5

B.6 INDIRECT COST 6

B.7 ADVANCE UNDERSTANDING ON CEILING ON INDIRECT COST RATES

AND FINAL REIMBURSEMENT FOR INDIRECT COSTS 6

B.8 FEE PAYMENT 6

SECTION C - STATEMENT OF WORK 8

SECTION D - PACKAGING AND MARKING 21

D.1 AIDAR 752.7009 MARKING (JAN 1993) 21

D.2 BRANDING POLICY 21

D.3 BRANDING STRATEGY 21

D.4 BRANDING IMPLEMENTATION PLAN (BIP) AND MARKING PLAN (MP) 21

SECTION E - INSPECTION AND ACCEPTANCE 23

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE 23

E.2 INSPECTION AND ACCEPTANCE 23

SECTION F - DELIVERIES OR PERFORMANCE 24

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE 24

F.2 PERIOD OF PERFORMANCE 24

F.3 PERFORMANCE STANDARDS 24

F.4 LEVEL OF EFFORT/ WORKDAYS ORDERED 24

F.5 REPORTS AND DELIVERABLES OR OUTPUTS 26

F.6 PLACE OF PERFORMANCE 31

F.7 AUTHORIZED WORK DAY / WEEK 31

F.8 KEY PERSONNEL 31

F.9 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007) 32

F.10 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEPTEMBER 2013) 32

SECTION G - CONTRACT ADMINISTRATION DATA 35

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 35

G.2 ADMINISTRATIVE CONTRACTING OFFICE 36

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 36

G.4 PAYING OFFICE 36

G.5 ACCOUNTING AND APPROPRIATION DATA 37

G.6 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 37

G.7 SPECIAL INSTRUCTIONS 38

SECTION H - SPECIAL CONTRACT REQUIREMENTS 40

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE 40

H.2 AUTHORIZED GEOGRAPHIC CODE 40

H.3 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION

TECHNOLOGY RESOURCES 40

H.4 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 40

H.5 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 40

H.6 GOVERNMENT PROPERTY 41

H.7 LANGUAGE REQUIREMENTS 41

H.8 LOGISTIC SUPPORT 42

H.9 SUBCONTRACTING PLAN REPORT FOR INDIVIDUAL CONTRACTS

AND SUMMARY CONTRACTING REPORT 42

H.10 SUBCONTRACTING CONSENT 42

H.11 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND

NOTIFICATION REQUIREMENTS (JAN 1990) 42

H.12 APPROVED INTERNATIONAL TRAVEL 42

H.13 ALLOWABLE AIRFARE 42

H.14 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS

(FEB 2012) 43

H.15 GRANTS UNDER CONTRACT 44

H.16 REPORTING OF FOREIGN TAXES (JUL 2007) 44

H.17 NONDISCRIMINATION (JUN 2012) 46

H.18 USAID DISABILITY POLICY (DEC 2004) 46

H.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUG 2013) 46

H.20 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG 2013) 48

H.21 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT 48

H.22 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY49

H.23 USAID IMPLEMENTING PARTNER NOTICES (IPN) PROTAL FOR

ACQUISITION (JULY 2014) 49

H.24 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY

(DDL) (OCTOBER 2014) 49

H.25 ELECTRONIC PAYMENTS SYSTEM (AUG 2014)(PEB 2014-06) 49

PART II - CONTRACT CLAUSES 54

SECTION I - CONTRACT CLAUSES 54

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE 54

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 57

I.3 FAR 52.229-8 TAXES—FOREIGN COST-REIMBURSEMENT

CONTRACTS (MAR 1990) 57

I.4 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR

AUDIT (FEB 2006) 57

I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 58

I.6 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)58

I.7 AIDAR 752.7034 ACKNOWLEDGMENT AND DISCLAIMER (DEC 1991) 59

I.8 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES

(JUN 2008) 59

I.9 DEFENSE BASE ACT (DBA) INSURANCE 60

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 63

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 63

PART IV - REPRESENTATIONS AND INSTRUCTIONS 70

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS 70

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 70

K.2 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 70

K.3 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING

REQUIREMENTS 70

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2014) 70

K.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013) 73

K.6 INSURANCE - IMMUNITY FROM TORT LIABILITY 75

K.7 SIGNATURE 75

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 76

L.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE 76

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 76

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006) 76

L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998) 77

L.5 ACQUISITION SCHEDULE 77

L.6 GENERAL INSTRUCTIONS TO OFFERORS 77

L.7 PROPOSAL INSTRUCTIONS 78

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL

PROPOSAL 79

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 85

L.10 BUDGET 89

L.11 INSTRUCTIONS FOR THE PREPARATION OF THE BRANDING

IMPLEMENTATION PLAN (BIP) 89

SECTION M - EVALUATION FACTORS FOR AWARD 102

M.1 GENERAL INFORMATION 102

M.2 DETERMINATION OF THE COMPETITVE RANGE AND CONTRACT

AWARD 102

M.3 EVALUATION SYSTEM 103

M.4 EVALUATION CRITERIA 103

M.5 COST EVALUATION 106

M.6 SOURCE SELECTION 107

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to secure technical services for the implementation of the program entitled Cambodian Civil Society Strengthening (CCSS) Project. The contractor will be responsible for providing all services and activities as described throughout this contract document.

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) term, level-of-effort contract. For the consideration set forth in the contract, the contractor will provide the deliverables or outputs described in Section C and comply with all contract requirements.

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

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is ______________. The fixed fee, if any, is ______________. The estimated cost plus fixed fee, if any, 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 hereunder is ______________. The contractor must not exceed the aforesaid obligated amount.

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

B.4 PRICE/COST SCHEDULE

Contract Period (Years 1 – 5)

For Workdays (LOE) Ordered $ ____________ For Other Direct Costs $ ____________ Grants Under Contract $ 3,000,000 Indirect Costs (includes Overhead, G&A $ ____________ and MHO) Fixed Fee $ ____________ Cost Plus Fixed Fee Ceiling Price $ ____________

The contractor will not be paid any sum in excess of the ceiling price.

B.5 COST REIMBURSABLE

The U.S. dollar costs allowable must 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.6 INDIRECT COST

Pending establishment of revised provisional or final indirect cost 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/ ______________ __________ 2/ 2/ 2/ ______________ __________ 3/ 3/ 3/

1/Base of Application: ______________ Type of Rate: ______________ Period: ______________ Source: ______________

2/Base of Application: ______________ Type of Rate: ______________ Period: ______________ Source: ______________

3/Base of Application: ______________ Type of Rate: ______________ Period: ______________ Source: ______________

B.7 ADVANCE UNDERSTANDING ON CEILING ON INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

(a) For each of the contractor's accounting periods during the term of this contract, the parties agree as follows:

(1) The distribution base for establishment of final overhead rates is _____________________.

(2) The distribution base for establishment of final G&A rates is ______________________.

(b) The contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the contracting officer.

(c) Reimbursement for indirect costs shall be at final negotiated rates, but not in excess of the following ceiling rates:

Description Rate

(d) The government shall not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding shall not change any monetary ceiling, cost limitation, or obligation established in the contract.

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 as a percentage of incurred costs, not to exceed ___%. 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 accordingly. For example, if the contractor has delivered 85% of the LOE, then the Contractor is entitled to 85% of the fee amount.

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 ____________. 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 - STATEMENT OF WORK

C.1 CORE OBJECTIVES AND TASKS

The purpose of the CCSS Project is to increase the capability of Cambodian civil society to engage in democratic processes by representing citizen concerns. For this contract, democratic processes are defined as the interaction amongst civil society and between civil society and the government, at all levels of society, and in all sectors. The objectives of this contract are to: 1) strengthen the capacity of civil society in Cambodia; and 2) provide analytical and technical services to USAID/Cambodia’s Office of Democracy and Governance to respond to opportunities for democratic development. Tasks under this contract are to focus on increasing the capacity of local organizations, including direct USAID/Cambodia civil society grantees within the democracy and governance portfolio, capacity service providers, and grantees and informal groups supported by the CCSS Project, as well as to the development of Cambodian civil society as a whole through interventions aimed at protecting the enabling environment for civil society. To achieve the objectives, the contractor will implement the following three Tasks that are summarized below.

Task 1: Support to Cambodian Civil Society

1.1 Administer Legal Defense Fund

1.2 Administer a Democracy and Governance Fund

Task 2: Enhance Technical and Organizational Capacity of Civil Society

2.1 Organize Orientation and Ongoing Civil Society Collaboration Forums

2.2 Facilitate Organizational Capacity Assessments

2.3 Assist in Establishing Capacity Development Plans

2.4 Deliver Customized Technical Assistance, Training, and Ongoing Mentoring

2.5 Conduct Monthly Site Visits

Task 3: Analytical and Technical Services for USAID/Cambodia’s Democracy and Governance Office

3.1 Provide Assistance to Conduct Special Analyses

3.2 Periodic Public Opinion Polling

3.3 Technical Assistance to Respond to Opportunities for Democratic Development

C.2 DEFINING CIVIL SOCIETY

For this contract civil society is defined as the sector of society that can express itself independently of the government and private sector. Civil society refers to the aggregate of:

non-governmental organizations (NGOs), including umbrella organizations; associations; trade unions; faith-based groups; private academic institutions; community-based organizations (CBOs); informal grassroots communities and networks; social movements (e.g. peace movements, student movements, pro-democracy movements) consulting firms and think tanks;

independent media outlets; professionals contributing directly to the enjoyment of human rights (e.g. humanitarian workers, lawyers, doctors, medical workers); human rights defenders, including on-line activists; and relatives and/or associates of victims of human rights violations.

Under each Task of this contract, specific segments of civil society are targeted.

C.3 BACKGROUND

There are four pillars of USAID’s Democracy, Human Rights, and Governance (DRG) programming: 1) Civil Society and Media; 2) Elections and Political Transitions; 3) Governance and Rule of Law, and; 4) Human Rights.1 The vital role that civil society plays in the DRG sector is also highlighted in USAID’s DEMOCRACY, HUMAN RIGHTS AND GOVERNANCE STRATEGY.2 The CCSS Project primarily corresponds to the first and fourth pillars, specifically civil society and human rights.

USAID/Cambodia’s five-year, 2014-2019, Mission goal is to accelerate “Cambodia’s transformation to a democratic and prosperous country.” To achieve this goal, the Mission has three Development Objectives (DOs): 1) strengthen democracy and government accountability, and enhance respect for human rights; 2) improve the health and education status of vulnerable populations, and; 3) reduce poverty in selected geographic areas and targeted populations.

The CCSS Project directly addresses DO 1, which is integral to U.S. government (USG) foreign policy and USAID’s development mandate in Cambodia. Strong democratic institutions, respect for human rights, and participatory, accountable governance are crucial elements for improving peoples’ lives in a sustainable way. Accordingly, the CCSS Project will also complement DO 2 and DO 3 by promoting citizen mobilization around the demand for better health and education status, conservation of the environment, gender equality and female empowerment, and poverty reduction.

Active civil society plays a critical role in a democratic society. It represents citizens’ voices, can hold governments accountable to develop laws and policies that are responsive to citizen interests, and addresses social challenges, all of which are necessary components to equitable development. Civil society participation linked to government decision-making serves to influence policy formulation and implementation in the interests of the public. A vibrant civil society enables different perspectives in policy discussions, and helps societies identify the most responsive solutions to community problems. The inclusion of civil society’s perspectives in decision-making enriches the process and strengthens governance outcomes across the sectors. Therefore, USAID/Cambodia seeks to engage in democratic processes by representing citizen concerns. Democratic processes are defined as the interaction amongst civil society and between civil society and the government, at all levels of society, and in all sectors.

According to the Cooperation Committee for Cambodia, there are approximately 3,500 registered civil society organizations (CSOs) and associations in Cambodia (though likely less than half are active). Many of those are local entities. Over the last decade, the capacity of local civil society has grown substantially. Human rights organizations have professionalized their data collection and monitoring related to issues such as economic land concessions, prison conditions, and freedom of expression, while service delivery organizations play a critical role in improving the health and education services for Cambodians across the country. There are also a number of local capacity service providers that are helping to grow Cambodia’s civil society and public and private sectors.

1 USAID’s USER GUIDE TO DEMOCRACY, HUMAN RIGHTS AND GOVERNANCE PROGRAMMING can be found at:

http://www.usaid.gov/sites/default/files/documents/1866/2015%20DRG%20User%27s%20Guide%20Final.pdf .

2 USAID’s DEMOCRACY, HUMAN RIGHTS AND GOVERNANCE STRATEGY can be found at:

http://pdf.usaid.gov/pdf_docs/PDACX557.pdf .

Despite the many common interests among Cambodia’s vibrant civil society, a lack of cohesion exists among these actors that hamper development outcomes across the various technical sectors. An unspoken division between service delivery and advocacy organizations has evolved in Cambodia. Service delivery organizations typically require close relationships with the Cambodian government in order to operate effectively, and therefore may be reluctant to openly raise sensitive issues. On the other hand, advocacy organizations are often equated with opposition politics. Therefore, while issues related to corruption, environmental degradation and government accountability are cross-cutting in nature there is often minimal meaningful interaction between CSOs working within different technical sectors. Moreover, while many human rights and democracy-oriented organizations have developed strong relationships with the United States and Europe, some have a small or non-existent local constituency base. Local communities are mobilizing organically, often around land or labor issues, but their interactions with formal CSOs and each other has had mixed results, with some CSOs employing a top-down approach that seeks to lead communities in claiming their rights, rather than supporting them and providing them opportunities to take the lead and create their own agendas. Given this context, targeted technical and institutional capacity development is viewed as a key element of USAID/Cambodia’s democracy and governance strategy over the next several years.

The political environment for the media and civil society groups working on democracy or human rights issues is at times constrained. The penal code has been used to prosecute citizens on defamation, disinformation, and incitement charges. The penal code does not prescribe imprisonment for defamation but does for incitement or spreading disinformation, which carry prison sentences of up to three years. In addition, among other provisions, the recently passed Law on Election of Members of the National Assembly (LEMNA) contains provisions that limit freedom of expression, association, and assembly. It prohibits “insults” by CSOs or individuals, bans the use of polling data, and limits CSO participation in the electoral process. Moreover, the recently passed Law on Associations and Non-Governmental Organizations (LANGO) is also potentially restrictive. It requires the registration, with no exemptions, of all entities conducting "any activity" in Cambodia, potentially subjecting virtually any social activity to the law's requirements. Vaguely worded requirements that associations and NGOs remain "neutral" towards political parties and avoid any activity that may "jeopardize peace, stability, and public order," represent other limitations on fundamental freedoms. Other pending legislations that may affect the operations of civil society include the trade union law, cybercrimes law, and access to the information law. Because of the challenges to the operating environment for civil society, USAID/Cambodia’s democracy and governance strategy also emphasizes the need to protect the enabling environment.

Civil society strengthening efforts must also be viewed in the context of broader donor efforts within Cambodia. While multiple donors often fund the same organizations, each have different political and development priorities, reporting requirements, and expectations. The lack of effective donor coordination often inadvertently encourages local CSOs to be reactionary rather than strategic because their funding is uncertain, resulting in year-to-year planning rather than developing multi-year strategies. Furthermore, in reaction to the competition for donor funding, CSOs are sometimes hesitant to collaborate with like-minded organizations. The lack of donor coordination also often leads to redundancy, inefficient use of resources, and unnecessary administrative burdens on local organizations. Therefore, in addition to civil society capacity development and protecting the enabling environment, USAID/Cambodia’s strategy also emphasizes coordination and collaboration with a range of development partners.

C.4 DETAILED WORK REQUIREMENTS

Through the CCSS Project, the contractor will increase the capability of civil society to engage in democratic processes by representing citizen concerns by providing small grants, implementing interventions aimed at strengthening civil society, and providing analytical and technical services to USAID/Cambodia. The primary relational gaps targeted under this contract will be the connectivity between CSOs and citizens, civil society amongst itself, and between civil society and the Cambodian government (particularly at the local level). This contract is not limited geographically and will have a national reach.

The CCSS Project represents one portion of USAID/Cambodia’s broader local capacity engagement and development efforts, and will be expected to coordinate with and complement other initiatives. Specifically, the USAID/Cambodia Mission currently has direct agreements with six local organizations working in Democracy and Governance. A list of those organizations with activity and award information is included in Attachment J.4. In addition, two new activities will begin in or around October 2015, Cambodia Counter Trafficking-in-Persons (CTIP) and Cambodia Democratic Reform (CDR). CTIP and CDR will issue sub-grants to local organizations and USAID anticipates issuing direct Transition Awards to some of the sub-grantees in the future. The CCSS Project will provide capacity development services to the local direct grant recipients (current and future) and select sub-grantees under the CTIP and CDR activities. In addition, the Mission’s Capacity Building of Cambodia’s Local Organizations (CBCLO) project, implemented by Volunteers for Economic Growth Alliance (VEGA)/ International Executives Service Corps (IESC), is providing capacity building support to other USAID/Cambodia-funded local CSOs. The CBCLO also provides support to USAID/Cambodia in conducting pre-award assessments and identifying special award conditions to correct financial management or internal control deficiencies. Therefore, under the direction of USAID/Cambodia Contracting Officer’s Representative (COR), the CCSS Project and CBCLO will be required to closely coordinate to ensure that any deficiencies highlighted in the pre-award assessment are addressed by the CCSS Project’s capacity development efforts. More information about how USAID/Cambodia, CBCLO, and the CCSS Project will coordinate is included in Attachment J.5. The Democracy and Governance Office is also supporting the Civil Society Sustainability Index (CSOSI) to assess the sustainability of the CSO sector. The CCSS Project will coordinate and provide information to CSOSI as needed.

The contractor will complete the following Tasks.

Task 1: Support to Cambodian Civil Society

Working with USAID/Cambodia, the contractor will develop and administer a $3,000,000 rolling small grants program to Cambodian NGOs over the life of the CCSS project. Awards will generally range from in-kind up to $150,000; though in special circumstances larger awards may be made with CO approval (see Section H.16 Grants Under Contract). In-kind awards may be made to support informal groups under this component. The purpose of this component is to enable the Mission flexibility in responding to urgent, unexpected or politically sensitive situations, which may not be foreseen at this time. This component may also fund initiatives that cannot feasibly be accomplished by USAID/Cambodia’s current activities. The grants under contract scheme will have two distinct funds – a Legal Defense Fund and a Democracy and Governance Fund. Priority will be given to activities carried out under the Legal Defense Fund. The contractor will also develop outreach strategies to ensure varied stakeholders are aware of this resource, as well as the application process, and evaluation criteria. Outreach strategies, application processes, and evaluation criteria may vary between the two funds, and offerors should specify accordingly in their proposals. The contractor will use innovative approaches to ensure these two distinct funds are integrated and complementary with each other and other similar donor funded initiatives.

1.1 Legal Defense Fund

The CCSS Project will create a Legal Defense Fund by issuing sub-awards to support existing legal service providers or other organizations that provide legal representation to jailed or threatened human rights activists. Specifically, this fund will be available for CSOs or legal aid organizations to apply to in order to quickly receive resources to provide high-quality legal representation to affected individuals or communities, livelihood assistance, advocacy campaign support, or other forms of technical assistance. It may also be used to respond to challenges to the enabling environment of CSOs, such as restrictive trade union or cybercrimes laws that could be used to inhibit civil society’s ability to engage in democratic processes. The contractor will be creative and flexible in assisting organizations to operate under the new LANGO. The contractor must be prepared to quickly address time-sensitive challenges to the operations or existence of individuals or CSOs. The contractor will act under the direction of the COR to determine the appropriate level of response. The contractor will streamline the administration of this fund so that it can quickly respond to issues without being overly administratively burdensome on the CCSS Project or USAID. In addition, because the issues that will likely be addressed through this fund often attract various levels of support and/or interest from the diplomatic community, other donors, and CSOs, offerors will coordinate interventions under this fund so they leverage rather than duplicate similar efforts.

1.2 Democracy and Governance Fund

The contractor will work with the COR to develop the small grant solicitation based on the Democracy and Governance Office priorities, which may include areas of shared priorities with the Office of Food Security and Environment and the Office of Public Health and Education. In addition and possibly based on the contractor’s analyses of the political and institutional environment, certain ad hoc opportunities may be identified and resourced through this Fund.

The contractor will administer this Democracy and Governance Fund to support a potentially diverse array of activities that still contribute towards the overarching goal of increasing the capability of civil society to engage in democratic processes. Activities supported under this fund must meet USAID objectives and complement or leverage ongoing USAID activities. In addition, they may be innovative and high-impact, and/or engage informal groups that have mobilized around a land or natural resource issues. Small grant recipients may also be eligible for capacity development on a demand-driven basis and proportional to the funding amount, as detailed in Task 2.

Results Expected from the Contractor under Task 1:

1. An improved sub score of Civil Society Sustainability Index – Legal/Enabling Environment.

2. Threated CSOs or human rights activists have improved access to high-quality legal representation.

3. Cambodian CSOs and citizens are more engaged in the promotion of democracy and human rights.

Task 2: Enhance Technical and Organizational Capacity of Civil Society

The contractor will provide participatory, individualized, and holistic capacity development services to: 1) approximately 7 to 10 of the USAID/Cambodia’s Democracy and Governance local partners and Transition Award recipients; 2) two to five local capacity service providers; 3) approximately 10-15 local organizations that receive small grants under this contract, and; 4) three to five informal groups or grassroots groups or networks that have organically mobilized around a specific issue, e.g. land tenure or natural resource management.

USAID Cambodia’s Local Partners in Democracy and Governance: In selecting its local partners, USAID/Cambodia gave preference to organizations that are willing to or are undergoing capacity development efforts. Nevertheless, their participation in these efforts is voluntary, unless otherwise specified by special conditions within their award. Participation is voluntary to ensure that organizations’ transformation to a more sustainable and technically savvy institution is meaningful. Thus, the contractor will only be required to support the organizations that are willing to participate. Moreover, the contractor will give preference in terms of the amount of training, technical assistance, and mentoring provided to the local partners because of USAID/Cambodia’s direct relationship with those organizations, and because they are receiving a greater financial investment. The small grant recipients under this contract will be given access to the same types of support, but the financial investment towards capacity development will be proportionate to their grant amount.

Potential Transition Award Recipients: Two upcoming USAID programs – Cambodia Counter Trafficking-in-Persons (CTIP) and Cambodia Democratic Reform (CDR) – will provide sub-awards to local organizations. Some of the sub-award recipients from these programs may become eligible for a Transition Award, in which they receive direct funding from USAID, as a result of those programs. A Transition Award is an award made to a local organization, restricting eligibility, when that same organization has been a sub-awardee under a USAID prime award, and meets certain conditions. The sub-award recipients would become eligible for the Transition Awards during or at the end of the Cambodia CTIP and CDR programs. In order to qualify, the sub-awardee must demonstrate sufficient capacity, particularly in terms of financial and administrative management, in order to receive direct funding from USAID.

Moreover, USAID will put a special emphasis on considering organizations that demonstrate innovative approaches and solutions in line with the objectives of this program. Under the CCSS Project COR’s direction and in coordination with the AORs for CTIP and CDR, the contractor may be asked to assist the sub-recipients under those programs in building their capacities in order to meet the eligibility requirements for a Transition Award.

Local Capacity Service Providers: When available, the contractor will prioritize using local (and if not available, regional) training providers, capacity development organizations, and research institutions as well as existing local civil society networks. The contractor will also establish an approach for coaching, mentoring, and transferring skills to existing local capacity development service providers to improve their ability to generate fees for service in the future.

Grassroots Groups or Networks: Support given to the informal groups or grassroots networks will differ significantly from the support provided to formal CSOs given the less structured system under which they typically operate. The contractor will use specialized personnel and technical assistance tools to support these groups. For example, USAID/Cambodia has supported the Prey Lang Community Network through an international organization. The Network has not received direct USAID funding, but rather technical support, ongoing mentoring, travel costs for meetings, and some goods such as cameras to document forest crimes. USAID/Cambodia anticipates similar support to informal groups, such as the Prey Lang Community Network. USAID has also found that including livelihood development initiatives into other capacity development efforts increases an informal group’s effectiveness and sustainability, since advocacy interventions or involvement in a network often takes precious time away from work that many Cambodians rely on for survival. The intention is not to turn these groups into formal CSOs, but rather to support them in defining and carrying out their own agendas. At times, outside resources or pressures have hampered efforts or divided these groups. The contractor will therefore employ a sensitive and supportive approach that recognizes the nuances of supporting informal groups.

CCSS Project Grant Recipients: The contractor will provide capacity development services to the local organizations that receive grants under the CCSS Project. Services will be provided on a demand-driven basis and should be proportionate to the amount of funding they receive.

In general, the contractor will use a three-step approach to developing the capacity of these groups, although one or more step may be adjusted depending on the needs of each recipient organization (for the sake of this Statement of Work, the term “organization” includes informal groups, which are not technically organizations). First, the local organizations will assess their existing capacities ranging from institutional strengths to advocacy skills, and then identify key improvements they wish to achieve, and finally reach their capacity development objectives.

The contractor will use an Organizational Capacity Assessment (OCA) tool for facilitating self-reflection and action planning by local organizations. The OCA is a tool to inspire action, and is a self-assessment of strengthens and weaknesses of the organization. Some of the targeted organizations may have a sense of their capacity development issues, particularly if that sense is informed by a similar exercise, such as a strategic planning retreat or another facilitated self-assessment. For organizations where this is the case, the OCA should not be repeated, but the information from the other source should inform the Capacity Development Plan listed in Task

2.3 to minimize redundancy.

2.1 Organize Orientation and Ongoing Civil Society Collaboration Forums

One role of the contractor is to strengthen collaboration between local CSOs, particularly among the entities that will receive capacity development support from the CCSS Project. These entities include: 10 to 15 of the local partners, two to five local capacity service providers, 10 to 15 CCSS Project grants under contract recipients, and one to five informal groups or grassroots networks.

The contractor will provide logistical and administrative support to USAID/Cambodia to initiate orientation meeting(s) between the Mission, CCSS Project, CBCLO, and the civil society entities noted above to ensure clarity of roles, mutual expectations, and to field the questions. It is anticipated that this will be the first step in an ongoing process to build trust and productive relationships between the relevant parties. USAID/Cambodia will lead and facilitate the discussion with significant input from the CCSS Project. The contractor will also have the opportunity to explain the CCSS Project’s expectations, and to elaborate the following steps of the support process to the grantees and network representatives, what services will be available, and how the contractor will coordinate with the CSOs. The contractor will also facilitate more frequent meetings (with USAID/Cambodia participation) as the grantees mobilize to ensure the process goes smoothly, and the grant recipients feel adequately supported.

The contractor will also organize regular coordination meetings between USAID/Cambodia, the local partners, CCSS Project grantees, and possibly other stakeholders throughout the life of the CCSS Project. Other stakeholders may include representatives from CSOs that are not supported by USAID, international donors, private sector entities, Cambodian government officials, etc. These meetings will occur at least on a quarterly basis, but may be more frequent if specific issues come up that require increased attention. Meetings could be based around specific issues or general coordination, as suggested by the CCSS Project, the COR, and/or on a demand-driven basis by civil society. While the overarching purpose of these meetings is to build relationships with the grantees and provide a forum to exchange information, an additional objective is to increase the coordination among the grantees and with the USAID/Cambodia.

2.2 Facilitate Organizational Capacity Assessments (OCA)

The contractor will facilitate OCAs for each of Democracy and Governance local partners, potential Transition Award recipients of the Cambodia CTIP and CDR activities, select capacity service providers, the recipients of the small grants under this contract, and the selected informal groups and grassroots networks that desire it. For the local partners, potential Transition Award recipients of the Cambodia CTIP and CDR activities, capacity service providers, and for the recipients of small grants under this contract that would like to conduct an OCA, the contractor will facilitate a comprehensive OCA within 30 days of the award’s issuance.

For the informal groups and grassroots networks whose primary support will be capacity development, the contractor will facilitate the OCAs prior to providing assistance. The level of assistance should be proportionate to the likely grant/assistance amount. The contractor will adapt the structure of the OCA depending on the size, function, and type of organization.

2.3 Assist in Establishing Capacity Development Plans

Based on the findings of the OCAs (or strategic planning retreat or another facilitated self-assessment), the contractor will assist the beneficiaries in developing a tailored Capacity Development Plan (CDP) for each organization. The CDP will outline the organization’s overarching goal, areas for improvement, strategies that reflect the types of trainings, mentoring, courses, etc., needed to address deficiencies and reach their goal, and a proposed timeline with either milestones or indicators to monitor their progress. The contractor should particularly focus on devising strategies to strengthen the relationships between CSOs and grassroots organizations and citizens, among likeminded CSOs, and CSOs and the government

– particularly at the local level. The contractor should also focus on the use of media, both traditional and new. Whenever possible, the contractor under the direction of the COR should link the beneficiaries with existing initiatives, e.g. USAID/Cambodia’s Development Innovations Lab. Finally, the contractor should pay special attention to the sustainability and viability of the organization beyond donor funding, and devise strategies to diversify their funding sources.

CDPs should outline plans on developing independent funding streams to support operations and activities beyond donors such as through improved fundraising skills, leveraging partnerships with the private sector, and soliciting individual contributions. The emphasis is on the need for CSOs to continually adapt, evolve, and innovate in a continuously fluid environment with limited resources.

2.4 Customized Technical Assistance, Training, and Ongoing Mentoring

The contractor will assist each grantee in implementing each of the organization’s CDP and offer customized technical support to address the identified shortcomings. The three general categories of support that may be required: 1) advocacy skills, 2) institutional strengthening, and

3) adherence to USAID rules and regulations. Illustrative examples may include, but are not limed to the following.

A) Advocacy skills may include:

• External relations management (constituency-building / engagement with the private sector / media relations / 360 degree communication with support base)

• Advocacy outreach (research skills for evidence-based advocacy / problem analysis / messaging / analytical skills for political-economy analysis)

• Social accountability monitoring (monitoring and tracking local government budgets / use of World Bank’s social accountability tools)

• Technical ability in human rights, democracy, and governance (analytical abilities / understanding lessons learned and best practices)

• Institutional and advocacy capacity through existing networks of civil society organizations by encouraging synergies among civil society organizations and networks (constituency mobilization / issued-based forums that link local to national policies)

B) Institutional Strengthening may include:

● Governance and legal structure (legal requirements / structure & communications / board composition / succession planning)

● Financial management and internal control systems (systems / controls / documentation / statements / reporting / audit / cost share)

● Procurements and competition (instrument choice / solicitation / competition / selection procedures / documentation / price and cost analysis / contract awards)

● Administration systems (operational policies & procedures / travel / fixed asset control / branding & marking)

● Human resources management (job descriptions / recruitment / personnel policies / time management / salary & benefits / performance / gender & diversity)

● Program management (donor compliance / sub-awards / reporting / stakeholder involvement / gender analysis and integration)

● Project performance management (monitoring / evaluation / learning / supervision / field support);

● Strategic management and leadership (organizational vision / strategic planning / work-plan / change management / internal and external communication / decision-making)

● Information technology (distributing and storing information through computer applications, digital security and hygiene, networks and telecommunications equipment

– computer hardware, software, electronics, semiconductors, internet, telecom…