Solicitation 72016721R00002_Property Governance Activity.pdf

February 24, 2021

SUBJECT: Request for Proposal (RFP) SOL No. 72016721R00002

Property Governance Activity

Dear Prospective Offeror:

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

(USAID), through the Regional Contracting Office in Kosovo, is seeking proposals from qualified organizations to provide technical services to implement the Property Governance Activity in

Kosovo, as described in Section C of this Request for Proposal (RFP).

USAID/Kosovo anticipates awarding a Cost-Plus-Fixed-Fee, Completion-Type Contract for a maximum of a five (5) year period of performance as a result of this RFP. Subject to availability of funds, USAID anticipates total estimated costs up to $10.5 mill ion. The principal geographic code for this contract is 937. The North American Industry

Classification System (NAICS) code for this acquisition is 541990. This requirement is subject to the availability of funds.

This procurement will be conducted under full and open competition, pursuant to Part 15 of the

Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). Under which, all types of organizations are eligible to compete. USAID encourages the participation to the maximum extent possible of local

Kosovar organizations, small business concerns, veteran owned small businesses, service-disabled veteran small businesses, HUB zone small businesses, small disadvantaged businesses, and women-owned small business concerns and small business concerns in this activity as the prime contractor or as subcontractors.

The Government intends to conduct the evaluation utilizing a Voluntary Down Select Process with two

(2) phases. Please refer to Section L for detailed information regarding the submission requirements for proposals in Phase I and Phase 2.

Action Date Time Electronic Submission

Issue Date February 24, 2021

Questions Due Date March 10, 2021 16:00hr

Kosovo Time Fiolla Radoniqi at:

fradoniqi@usaid.gov;

and

Dukagjin Hasani at:

dhasani@usaid.gov

Phase I: Proposal

Submission Due Date

March 31, 2021

[See Section L.5 (Phase I)]

16:00hr

Kosovo Time

Phase II: Proposal

Submission Due Date

Will be communicated via the advisory notice.

[See Section L (Phase II) in

Attachment J.6]

16:00hr

Kosovo Time

Failure to comply with the submission date and time may result in a submission being deemed unacceptable, as such it will not be reviewed or evaluated. Only electronic proposals will be accepted. Any questions regarding this solicitation and the proposals must be submitted via email to the above indicated contacts by mailto:fradoniqi@usaid.gov mailto:dhasani@usaid.gov

SOL No. 72016721R00002

Property Governance Activity the specified date and time. 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 reserves the right to amend or rescind this solicitation at any time. This solicitation, amendments to this solicitation, and announcement of contract award will be made available through the government point of entry at https://beta.sam.gov/. It is the Offeror’s responsibility to check this site periodically for official updates to this solicitation. Issuance of this solicitation and the submission of a proposal do not constitute a commitment on the part of the U.S. Government to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

USAID appreciates the time and effort put into preparing proposals in response to this solicitation.

Sincerely, Nadeem Shah

Director, Regional Contracting Office https://beta.sam.gov/

72016721R00002

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 74

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

02/24/2021 X

720167

USAID/Kosovo USAID/Kosovo 3820 Pristina Place 20521 Washington DC 20521

1600 03/31/2021

Fiolla Radoniqi fradoniqi@usaid.gov

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Nadeem Shah

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

1-2 7-10

14-21 22-24 25-41

42-49

51-68

69-72

72-74

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

REQ-167-21-000002

Table of Content

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 7

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

B.4 PRICE SCHEDULE

B.5 INDIRECT COST

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

B.7 COST REIMBURSABLE

B.8 PAYMENT OF FEE

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES 11

SECTION D – PACKAGING AND MARKING 12

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

SECTION E – INSPECTION AND ACCEPTANCE 13

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE 14

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PLACE OF PERFORMANCE

F.3 PERIOD OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 KEY PERSONNEL

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

F.7 DISTRIBUTION OF PROJECT MATERIALS, PARTICIPATION PARTNER MEETINGS

AND PUBLIC EVENTS

F.8 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS (Sept

2013) 20

SECTION G – CONTRACT ADMINISTRATION DATA 22

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.5 INVOICES, ACCEPTANCE AND APPROVAL

G.6 PAYING OFFICE

G.7 ACCOUNTING AND APPROPRIATED DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS 25

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES

H.3 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)

H.4 AIDAR 752.228-3 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

(DBA) (DEC 1991)

H.5 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.6 AUTHORIZED GEOGRAPHIC CODE

H.7 LOGISTIC SUPPORT

H.8 EXECUTIVE ORDER ON TERRORISM FINANCING

H.9 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING

H.10 752.7007 PERSONNEL COMPENSATION (JUL 2007)

H.11 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.12 LANGUAGE REQUIREMENTS

H.13 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.14 CONSENT TO SUBCONTRACTS

H.15 INTERNATIONAL TRAVEL APPROVAL

H.16 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

H.17 ENVIRONMENTAL COMPLIANCE AND REQUIREMENTS

H.18 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973

AND FEDERAL ACQUISITION CIRCULAR (FAC) 97-27 "ELECTRONIC AND INFORMATION

TECHNOLOGY ACCESSIBILITY

H.19 ADS 302.3.5.9 NONDISCRIMINATION (JUNE 2012)

H.20 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.21 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES (JULY

2014) 33

H.22 ADS 302.3.5.21 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

H.23 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017)

H.24 ADS 302.3.5.22 SUBMISSION OF DATASETS TO DEVELOPMENT DATA LIBRARY

(DDL)(OCT 2014)

H.25 SEXUAL MISCONDUCT (DECEMBER 2020)

H.26 ELECTRONIC PAYMENTS SYSTEM

H.27 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

H.28 FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(SECTION 889) (JANUARY 2021)

PART II CONTRACT CLAUSES 42

SECTION I – CONTRACT CLAUSES 42

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (July 2018)

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

I.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.4 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)45

I.5 FAR 52.247-67, SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB

2006) 46

I.6 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018)

I.7 AIDAR 752.7032, INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014)

I.8 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016)

I.9 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

OF ATTACHMENTS 50

PART IV REPRESENTATIONS AND INSTRUCTIONS 51

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS 51

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE .. 51

K.2 FAR 52.204-3, TAXPAYER IDENTIFICATION (OCT 1998)

K.3 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2018)

K.4 FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

K.5 FAR 52.209-5, CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)56

K.6 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 58

K.7 FAR 52.209-11 REPRESENTATION BY CORPORATION REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

K.8 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUNE 2018)

K.9 FAR 52.219-1, SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

K.10 FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) ... 64

K.11 FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.12 FAR 52.230-1, COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT

2015) 65

K.13 FAR 52.230-7, PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES

(APR 2005)

K.14 SIGNATURE

SECTION L – INSTRUCTIONS TO OFFERORS 69

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

1998) 69

L.2 GENERAL INSTRUCTIONS

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

L.4 PHASE I SUBMISSION INSTRUCTIONS

L.5 INSTRUCTIONS FOR THE PREPARATION OF PHASE I – TECHNICAL PROPOSAL

L.6 PHASE II NOTICES

SECTION M – PHASE I EVALUATION CRITERIA 73

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to implement the Property Governance Activity in accordance with the

Statement of the Objectives (see Attachment 1 in Section J of the RFP).

B.2 CONTRACT TYPE

This is a Cost-Plus-Fixed-Fee (CPFF) completion-type contract consistent with Federal Acquisition

Regulation 16.306(d)(1). The Contractor must provide the outputs and accomplish goals and objectives as described in Section C. The Contractor's Statement of Work (SOW) will be incorporated in Section C.

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT

a) Total Estimated Cost:

The total estimated cost for the performance of the work required hereunder, exclusive of fee (if any), is

$TBD. The total fixed fee (if any) is $TBD. The total estimated cost plus the total fixed fee amount (if any) is $TBD.

b) Obligated amount

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

2. Funds obligated hereunder are anticipated to be sufficient through $TBD.

B.4 PRICE SCHEDULE

The following budget table captures the final negotiated cost elements for the performance of the work required hereunder. The budget is below:

Description Total

Direct Costs (not including grants, indirect costs or fixed fee)

TBD

Indirect Costs TBD

Total Estimated Costs TBD

Fixed Fee TBD

Total Estimated Costs Plus Fixed Fee TBD

These amounts may not be adjusted without a written modification signed by the Contracting Officer. The contractor will not bill any amounts against this contract in excess of the amounts specified for each line item as illustrated above.

B.5 INDIRECT COST

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

Description Rate Base Type Period

TBD % 1/ 1/ 1/

TBD % 2/ 2/ 2/

TBD % 3/ 3/ 3/

1/ Base of Application:

Type of Rate:

Period:

2/ Base of Application:

Type of Rate:

Period:

3/ Base of Application:

Type of Rate:

Period:

The Contractor and subcontractors are allowed to recover applicable indirect costs (i.e., overhead, G&A, etc.) on other direct costs (ODCs), if it is part of their usual accounting procedures, consistent with FAR

Part 31, and Negotiated Indirect Cost Rate Agreement (NICRA).

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL

REIMBURSEMENT FOR INDIRECT COSTS

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

Description Rate Base Period

% 1/ 1/

% 2/ 2/

% 3/ 3/

1/ Base of Application:

Period:

2/ Base of Application:

Period:

3/ Base of Application

Period

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

(c) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 COST REIMBURSABLE

The U.S. dollar costs allowable will 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”; FAR §

52.232-22 “Limitation of Funds,” if applicable, and AIDAR 752.7003, “Documentation for Payment.”

B.8 PAYMENT OF FEE

1) Fixed Fee

a) USAID will pay the fixed fee pursuant to FAR § 52.216-7 and FAR § 52.216-8, upon the receipt of an invoice deemed proper by the USAID/Kosovo Financial Management Office. The Contractor may earn and be paid all or a portion of the total fee based on completed deliverables under this contract.

Payment of the Contractor’s fee is tied to the accomplishment of objectives and deliverables or outputs described in Sections C and F of the contract.

b) The Offerors must propose a fixed fee payment schedule tied to the objectives and deliverables or output for Governments review and acceptance. The fixed fee payment schedule will become part of the contract upon award.

c) Fixed Fee Payment Schedule TBD:

Deliverables Delivery schedule

Percentage of Fixed

Fee

Fixed Fee

Amount for payment

Deliverables for Year 1

TBD by the contractor

Deliverables for Year 2

TBD by the contractor

Deliverables for Year 5

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING

USAID/Kosovo considers this contract 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. However, as a cost-reimbursement contract, USAID/Kosovo will authorize the reimbursement for all allowable costs incurred by the Contractor pursuant to FAR 52.216-7, “Allowable Costs and Payment.” The Contractor will not incur any costs that require amortization or substantial upfront investment over the contract’s period of performance in the event that the Contracting Officer cancels the contract pursuant to FAR 52.217-2. Thus, $0 will serve as the cancellation ceiling for each cancellation date. Accordingly, no requirement to include cancellation dates in the contract exists.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES

[See Attachment J.1 for Statement of Objectives (SOO)]

[Offeror’s Statement of Work to be included under Section C upon award]

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 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.

D.2 BRANDING

When applicable, the Contractor must 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 http://www.usaid.gov/branding/, or any successor branding policy.

Note: USAID receives “exclusive branding and marking” for the work conducted under all acquisition awards. This means that the foreign assistance delivered is clearly credited to the American people. It also means that competing logos or identities are excluded unless otherwise indicated in the award (Contract).

[USAID will insert the contractors Branding Strategy and Marking Plan for Property Governance Activity as an attachment in Section J of the contract at award.]

[END OF SECTION D]

http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding/

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 the following address

(https://www.acquisition.gov/far/) for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.246-5 INSPECTION OF SERVICES COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the principal place of performance or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The Contracting Officer’s Representative

(COR) listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

https://www.acquisition.gov/far/

SECTION F – DELIVERIES AND PERFORMANCE

F.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 the following address

(https://www.acquisition.gov/far/) for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP WORK ORDER ALTERNATE I AUG 1989

F.2 PLACE OF PERFORMANCE

The place of performance under this contract is the Republic of Kosovo.

F.3 PERIOD OF PERFORMANCE

The period of performance is five (5) years effective from the date of the USAID Contracting Officer’s signature on the cover page of the contract. The conditions set forth above are subject to the contractor’s performance,availability of funds and subject to the conditions set forth in Section H.28.

F.4 PERFORMANCE STANDARDS

Evaluation of the contractor's performance must be conducted in accordance with the performance standards set forth in the contract, the Contractor's overall performance toward achievement of the objectives in Section

C and provision of deliverables in Section F, and the Contractor's compliance with all other terms and conditions of the contract. Each evaluation will be conducted jointly by the COR and the CO and must form the basis of the Contractor's permanent performance record with regard to this contract as required in FAR

Part 42.15 and AIDAR 742.15.

The Contractor’s performance will be evaluated annually and at contract completion, utilizing at minimum, the following factors:

1) Technical (quality of product or service).

2) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements).

3) Schedule/timeliness.

4) Management or business relations.

5) Small business subcontracting (as applicable).

6) Other (as applicable) (e.g., adaptive management of problems encountered, late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

https://www.acquisition.gov/far/

F.5 KEY PERSONNEL

a. The contractor must furnish the following positions designated as key personnel, Chief of Party

(COP) and Deputy COP (DCOP). Offerors may propose up to three additional key personnel roles for the successful execution of Section C. The offeror must propose Key Personnel positions that have the appropriate skill sets to assure successful achievement of the contract objectives.

No. Key Personnel Position

1 Chief of Party

2 Deputy Chief of Party

b. The key personnel identified above are considered essential to the work being performed under this contract. The contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the contracting officer.

c. The failure to provide the key personnel designated above may be considered nonperformance unless such failure is beyond the control, and through no fault or negligence, of the contractor.

d. The contractor must immediately notify the contracting officer and the COR of any key personnel’s departure and the reasons, therefore.

e. The contractor must take steps to immediately rectify this situation and will propose a substitute candidate for each vacated position along with a budget impact statement in sufficient detail to permit evaluation of the impact on the program.

f. The contractor must not replace any of the key personnel without the written consent of the contracting officer and the COR whether provided in advance or by ratification.

g. USAID reserves the right to adjust the level of key personnel during the performance of this contract.

h. Key personnel under this award may be replaced with written approval of the Contracting Officer based on the responsibilities, qualifications and experience.

(Offeror may propose up to five (5) key position, to include requirements and responsibilities for each key position that will be incorporated in this section upon contract award)

F.6 REPORTS AND DELIVERABLES OR OUTPUTS

In accordance with AIDAR clause 752.242-70, Periodic Progress Reports, the Contractor shall submit reports, deliverables or outputs as further described below to the COR. The cover page of all reports prepared by the

Contractor, pursuant to AIDAR 752.242-70, shall include a descriptive title, the author's name(s), the activity name, the activity number, the contract number, the Contractor's name, the name of the USAID activity office and the COR, and the publication or issuance date of the report. The Contractor shall be responsible for delivery of draft reports, schedules, plans, and other documents that are described below. All written documents must be submitted in plain, grammatically correct English in electronic (soft) copy. Reports shall be prepared in a format consistent with USAID reporting requirements, to be mutually agreed upon by COR and the Contractor.

The contractor shall provide the following plans and reports:

a) MOBILIZATION PLAN

The Contractor shall submit a Mobilization Plan as part of the proposal. The Mobilization Plan shall include a plan for a start-up of activities, including municipalities selected as per the criteria set in the proposal, covering the first 90 calendar days of the contract as outlined in Section C of the Statement of Work (SOW).

Once the contract has been awarded, the COR will review it and provide comments within 15 calendar days of the award effective date. The Contractor shall revise and submit the revised Mobilization Plan no later than

15 calendar days after receipt of comments. The USAID COR will provide a written approval of the final mobilization plan to the Contractor.

b) ANNUAL WORK PLANS

Within 60 calendar days following the award effective date, the contractor must submit the first annual work plan to COR for review and approval. The annual work plan shall indicate implementation processes and schedules, projected results, indicators and targets, and project costs associated with the activities as outlined in Section C of the SOW. COR will provide written comments to the Contractor. The work plan must also clearly identify, and present the results expected, by each task. The Contractor shall revise and submit the revised work plan no later than 15 calendar days after receipt of comments. If acceptable, the USAID COR will provide written approval of the final work plan to the Contractor. Failure to have an approved work plan in place may be viewed as a failure to comply with the essential terms and conditions of the award.

Subsequent annual work plans are due no later than 30 calendar days before the anniversary of the award effective date. These plans should follow the same format as the initial work plan.

c) MONITORING EVALUATION AND LEARNING PLAN (MELP)

The Contractor is required to have a Monitoring, Evaluation and Learning (MEL) Plan ensuring adaptive management. The MEL Plan should emphasize the systematic process of collecting and analyzing performance data and other information to track progress toward planned results and must be used to proactively learn and adapt for future interventions as specified in section C of the SOW.

As a part of the initial work plan, the Contractor shall provide a MEL plan for COR approval that allows for documenting implementation progress against specified performance indicators and related targets and benchmarks. The MEL plan will include indicators for the overall performance period as well as for each year. Appropriate consideration/indicators for youth, gender and environment are required. The Contractor will utilize performance indicators to measure the results for each project components and establish baseline measurements to assess the impact of proposed interventions as well as data sources and collection methods.

The MEL plan reflects the award progress over the life of the activity and is a critical tool for planning, managing, documenting, evaluating performance, and learning. The MEL should be reviewed and validated annually and revised if appropriate.

d) QUARTERLY PERFORMANCE REPORTS (maximum 20 pages)

Quarterly performance reports must be submitted to the COR for review and approval, 15 calendar days after the end of each fiscal year quarter, reflecting results and interventions of the preceding quarter. Quarterly performance reports will present progress on all activities and will include the following information at a minimum:

● Outline of project purpose and project approach;

● Description of significant events during the reporting period;

● Status of each of activities and tasks as defined in the Work Plan;

● Status of overall project progress per impact indicators as defined in the Work Plan and the performance monitoring plan;

● Reporting on Elements of MELP;

● List of reports/deliverables completed in the reporting period;

● Performance problems during the reporting period;

● List of major activities planned for next quarter including indicators and associated targets;

● Any relevant information that has affected or will affect project progress.

The fourth Quarterly Performance Report is not required. The Annual Report will take the place of the fourth

Quarterly Performance Report.

e) QUARTERLY FINANCIAL REPORT

Quarterly financial reports must be submitted to the COR, 15 calendar days after the end of each fiscal year quarter. Quarterly financial reports should be disaggregated by element level and contain, at a minimum:

● Total funds awarded to date by USAID into the contract;

● Total funds previously reported as expended by contractor by main line items;

● Total funds expended in the current quarter by the contractor by main line items;

● Total un-liquidated obligations by main line items;

● List of the significant expenses incurred during the period;

● Projected expenditures for next quarter

The contractor is solely responsible for not exceeding obligated amounts and is reminded of the required notification to the CO as to the percentage of funds expended against the total obligated and available amount as set forth in FAR § 52.232-22 “Limitation of Funds.”

f) QUARTERLY ACCRUAL REPORT

Quarterly accrual reports must be submitted to COR 10 calendar days before the end of each fiscal year quarter, and shall include contractual information pertaining to the following:

● Total Estimated Cost remaining in the contract;

● Unliquidated balance in the contract;

● Accrual amount;

● Estimated Pipeline amount

If needed the COR will provide a template for the contractor to follow.

Quarterly performance and financial reports schedule for submission:

USG Fiscal Year Q1: October 1– December 31 Quarterly reports due date January 15

USG Fiscal Year Q2: January 1 – March 31 Quarterly reports due date April 15

USG Fiscal Year Q3: April 1 – June 30 Quarterly reports due date July 15

USG Fiscal Year Q4: July 1 – September 30 Q4 included in the Annual report; due date October 30

g) ANNUAL REPORTS

The contractor must prepare and submit to the USAID COR an annual report within 30 calendar days after the end of each fiscal year and annually thereafter (unless a different annual schedule is provided by USAID), for each authorized year of performance. Annual reports will summarize activities and results during the year in relation to the approved Work Plan and should not exceed 50 pages. The report should contain an executive summary and the following, at a minimum:

● Progress (activities completed, benchmarks achieved, performance standards completed -indicator table using format provided by COR shall form part of the report)) since the last report by program area;

● Problems encountered and whether they were solved or are still outstanding;

● Proposed solutions to new or ongoing problems;

● Success stories (if available) and a brief analysis on the general economic context;

● Documentation of best practices that can be taken to scale; and under

● Environmental Status Report (ESR) section based on the approved IEE and EMMP (if required).

h) WEEKLY REPORTS

The Contractor will prepare and submit to the USAID COR a weekly report every week on a day agreed between the Contractor and COR.

i) CONSULTANT REPORTS

Unless otherwise directed to in writing by the COR, the contractor must provide within 10 calendar days following the departure of a consultant, a written report no more than 5 pages, that describes but not limited to the following:

• the purpose of the consultancy, progress made, and any observation to be shared;

• identifies issues and/or problems encountered; and

• details expected follow-on interventions, as well as actions to be performed by counterparts.

j) DEMOBILIZATION PLAN

Not less than four months prior to the completion date of the contract, the Contractor must submit a

Demobilization Plan.

The Plan will include, at a minimum, an illustrative Property Disposition Plan addressing all requirements under contractual and local law for the transfer of property; a plan for the phase-out of the personnel and in-country operations; a delivery schedule for all reports or other deliverables required under the award; and a timeline for completing all required actions in the Demobilization Plan, including the submission date of the final Property Disposition Plan to the Contracting Officer. Both the illustrative and final Property Disposition

Plans shall include the inventory schedule required by FAR 52.245-5, a plan for the disposition of property to eligible parties and a timeline for the disposition of such property. In addition, the contractor will describe how all required prime and sub-award audits will be conducted after the demobilization of the contractor.

The Demobilization Plan shall be approved in writing by the Contracting Officer.

k) FINAL REPORT

A draft final report shall be provided not less than thirty (30) calendar days prior to the end of the award period. USAID will provide written comments concerning the accuracy and completeness of the report to the Contractor. The Contractor will revise and submit the final report no later than 15 calendar days after receipt of comments.

The final report shall provide a summary description of all work performed under the award and a substantive discussion of results achieved (as measured by performance indicator). The final report should include the final status of each component objective, the status of indicators relative to the established targets, lessons learned, discussion of the issues and challenges that emerged during project implementation, ways to resolve any constraints identified, any opportunities for further refinement, enhancement, a logical extension, or expansion of the completed work and how it fits into USAID's strategic objectives and any perceived problems, vulnerabilities, or weaknesses in the assistance provided, with recommendations for addressing the identified weaknesses.

The final report shall also contain an index of all reports and informational products produced under this contract.

The contractor must comply with the below schedule for the submission of each report listed below.

No. Reporting Requirement Submission Date

1 Mobilization Plan

With the proposal; COR’s comments, 15 calendar days after the award.

2 Annual Work Plan

Within 60 calendar days from the start date of the contract and subsequent annual work plans are due no later than 30 calendar days before the beginning of succeeding years. The plan will be considered final once approved by the COR.

3 Monitoring Evaluation and Learning

Plan (MELP)

Within 60 calendar days from the start date of the contract. The plan will be considered final once approved by the COR.

4 Quarterly Performance Reports 15 calendar days after the end of each fiscal year quarter

5 Quarterly Financial Reports 15 calendar days after the end of each fiscal year quarter

6 Quarterly Accrual Reports 10 calendar days before the end of each fiscal year quarter

7 Annual Reports 30 calendar days after the end of the year

Demobilization Plan (Including Grants closeout)

Four months prior to the completion date of the contract

9 Final Report

Within 30 calendar days from the end date of the contract

10 Weekly Reports

Every week on a day agreed between the Contractor and COR.

11 Consultant Reports

Within 10 calendar days following the departure of a consultant

F.7 DISTRIBUTION OF PROJECT MATERIALS, PARTICIPATION PARTNER MEETINGS

AND PUBLIC EVENTS

1) No activity materials can be distributed without prior submission and approval from USAID. Requests for activity materials from GoK, donors, Embassies, or major private partners are to be directed to the COR for approval to distribute.

2) All activity materials shall have proper USAID branding and accompanied with a disclaimer stating that the materials have been produced by the activity for USAID according to the specifications provided by

USAID. The Contractor shall track and report all requests for materials and materials distributed in their quarterly reports.

3) The Contractor shall not substitute USAID presenting the project, participating in meetings and public discussions, and interacting otherwise with project stakeholders, partners and counterparts. In all its public communications, discussions, and statements the Contractor should be clear about the fact that this activity is implemented by USAID through the Contractor.

4) The Contractor shall seek COR concurrence for its meetings with other Donor Institutions and with GoK officials of department head level and above. The Contractor shall ensure that COR is informed about meeting requests well in advance to be able to plan for USAID participation.

5) When invited to participate and present at public events such as conferences, roundtables, workshops, seminars, other meetings outlined in (4) above, the Contractor shall make its best effort to ensure appropriate

USAID representation and role at such meetings. The Contractor shall be responsible for inviting USAID representatives through the COR to such meetings and events and providing them with appropriate activity background information, presentation materials and talking points. Only when USAID representatives are not able to participate and present at such public events and meetings, and/or when the COR explicitly authorizes the Contractor to do so, the latter can participate in such public events and meetings on its own and make presentations and statements on behalf of the Activity.

6) No funds will be used to pay the costs for participation of another country’s delegation at an international conference held under the auspices of multilateral or international organizations.

Data:

1) The Contractor and all sub-awardees shall provide to the COR data collected throughout the Activity.

2) Reasonable effort should be made to have the data in Microsoft Excel format and in English.

F.8 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(Sept 2013)

(a) Contract Reports and Information/Intellectual Products.

(1) Within thirty (30) calendar days of obtaining the contracting officer representative's approval, the contractor must submit to USAID's Development Experience Clearinghouse (DEC) one copy each of reports and information products which describe, communicate or organize program/project development assistance activities, methods, technologies, management, research, results and experience. These reports include: Assessments, evaluations, studies, technical and periodic reports, annual and final reports, and development experience documents (defined as documents that:

(i) Describe the planning, design, implementation, evaluation, and results of development assistance; and

(ii) Are generated during the life cycle of development assistance programs or activities.) The contractor must also submit copies of information products including training materials, publications, videos and other intellectual deliverable materials required under the Contract

Schedule. The following information is not to be submitted:

(A) Time-sensitive materials such as newsletters, brochures or bulletins.

(B) The contractor's information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information.

(2) Within thirty (30) calendar days after completion of the contract, the contractor must submit to the

DEC any reports that have not been previously submitted and an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause.

(b) Submission requirements. The contractor must review the DEC Web site for the most up-to-date submission instructions, including the DEC address for paper submissions, the document formatting and the types of documents to be submitted. The submission instructions can be found at:

https://dec.usaid.gov.

(1) Standards.

(i) Material must not include financially sensitive information or personally identifiable information

(PII) such as social security numbers, home addresses and dates of birth. Such information must be removed prior to submission.

(ii) All submissions must conform to current USAID branding requirements.

(iii) Contract reports and information/intellectual products can be submitted in either electronic

(preferred) or paper form. Electronic documentation must comply with Section 508 of the

Rehabilitation Act of 1973.

(iv) The electronic submissions must consist of only one electronic file, which comprises the complete and final equivalent of the paper copy.

(v) Electronic documents must be in one of the National Archives and Records Administration

(NARA)-approved formats as described in NARA guidelines related to the transfer of permanent

E-records. (See http://www.archives.gov/recordsmgmt/initiatives/transfer-to-nara.html).

(2) Essential bibliographic information. Descriptive information is required for all contractor products submitted. The title page of all reports and information products must include the contract number(s), contractor name(s), name of the USAID contracting officer's representative, the publication or issuance date of the document, document title, (if non-English, provide an English translation of the title), author name(s), and development objective or activity title (if non-English, provide a translation) and associated number, and language of the document (if non-English). In addition, all hard copy materials submitted in accordance with this clause must have, attached as a separate cover sheet, the name, organization, address, telephone number, fax number, and internet address of the submitting party.

[END OF SECTION F]

https://dec.usaid.gov/ http://www.archives.gov/recordsmgmt/initiatives/transfer-to-nara.html

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Contracting Office is located at:

Embassy of the USA/USAID/Kosovo

Regional Contracting Office

Rr. 4 KORRIKU Nr. 25, Arberia, Pristina, Kosovo 10000

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Democracy and Governance Office (DGO) shall provide technical oversight to the Contractor through the designated COR. The COR is: TBD

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this

Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the

Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Cognizant Technical Officer" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements in the scope of work.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems. This includes compliance with USAID and host countries’ environmental regulations.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the

Government. The COR may not take any action which may impact the contract schedule, funds, scope or rate of utilization of level of effort (LOE). All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

(c) In the separately issued COR designation letter, the Contracting Officer designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

(d) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition

Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the

Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority and at the Contractor’s sole risk.

(d) Failure by the Contractor to report to the Administrative Contracting Office, any action by the

Government considered to be a change, within the specified number of days contained in FAR 52.243-7

(Notification…