CE IDIQ CPC draft RFP .pdf

DRAFT

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

UNDER DPAS (15 CFR 700)

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

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

9. Sealed offers in original and _____________________________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time _______________________ (Hour) (Date)

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

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

AREA CODE NUMBER EXT.

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

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

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

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

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

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

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

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

CODE FACILITY

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

ADDRESS

OF OFFEROR

(Type or print)

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

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

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

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

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

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

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA 28. AWARD DATE

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

(Signature of Contracting Officer)

(REV. 9-97)

10. FOR INFORMATION CALL:

11. TABLE OF CONTENTS

STANDARD FORM 33

SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by offeror)

AWARD (To be completed by Government)

See Attached Table of Contents

Table of Contents Page

SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE AND SERVICES

B.3 MINIMUM OBLIGATED AMOUNT

B.4 MAXIMUM CONTRACT CEILING

B.5 OBLIGATED AMOUNT, ESTIMATED COST, FIXED FEE

B.6 INDIRECT COSTS

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

PERFORMANCE FOR INDIRECT COSTS

B.8 CEILING ON FIXED FEE

B.9 LABOR

B.10 TASK ORDER LIMITATIONS

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 BACKGROUND

C.2 STATEMENT OF WORK

C.3 SPECIFIC TECHNICAL REQUIREMENTS FOR SIX KEY THEMES

C.3.1 Clean Energy C.3.2 Climate Change C.3.3 Energy Poverty C.3.4 Energy Sector Governance C.3.5 Energy Security C.3.6 Energy Sector Reform

C.4 KEY PERSONNEL

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

D.3 BRANDING STRATEGY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 MONITORING AND EVALUATION PLAN, INCLUDING PERFORMANCE STANDARDS

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

F.6 TASK ORDERS

F.7 FAIR OPPORTUNITY TO BE CONSIDERED

F.8 KEY PERSONNEL

F.9 CONTENTS OF TASK ORDERS

F.10 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(JAN 2004)

F.11 SUBCONTRACTOR REPORTING

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

G.2 CONTRACTING OFFICER

G.3 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE OFFICE

G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

G.7 CONTRACTOR'S PAYMENT ADDRESS

G.8 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JULY 1997)

H.3 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.4 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

H.5 SECURITY CLEARANCE

H.6 INFORMATION SYSTEM SECURITY

H.7 DEFENSE BASE ACT (DBA) INSURANCE

H.8 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

H.9 AUTHORIZED GEOGRAPHIC CODE

H.10 LOGISTIC SUPPORT

H.11 LANGUAGE REQUIREMENTS

H.12 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM IMPLEMENTATION

CONTRACT (Design Services)

H.13 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM FURNISHING

CERTAIN SERVICES AND RESTRICTION ON USE OF INFORMATION (Evaluation Services)

H.14 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

H.15 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JAN 2002)

(ADS 302.4.2.0)

H.16 INTERNATIONAL TRAVEL APPROVAL

H.17 REPORTING OF FOREIGN TAXES

H.18 USAID DISABILITY POLICY (DECEMBER 2004) (ADS 303)

H.19 SUBCONTRACTING CONSENT

H.20 GRANTS UNDER CONTRACT

H.21 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (SEPTEMBER 2006)

H.22 CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES OF ASSISTANCE FROM

SEXUAL EXPLOITATION AND ABUSE IN HUMANITARIAN RELIEF OPERATIONS

H.23 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.24 VOLUNTARY POPULATION PLANNING ACTIVITIES – SUPPLEMENTAL REQUIREMENTS

(JANUARY 2009)

H.25 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED

(ADS 302)

H.26 ADS 302.3.5.13 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JULY 2007)

H.27 PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR

ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION - TRAFFICKING IN

PERSONS ACQUISITION (MAY 2007) (AAPD 07-03)

H.28 ENVIRONMENTAL CONSIDERATIONS

H.29 DISCLOSURE OF INFORMATION

PART II - CONTRACT CLAUSES

SECTION I -- CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY FULL TEXT

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATION, CERTIFICATES AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (APR 2010)

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.5 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.9 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

K.10 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN—CERTIFICATION (AUG 2009)

K.11 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008) ..94

K.12 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005)

K.13 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.14 MENTOR-PROTÉGÉ PROGRAM – AIDAR 719.273, THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT (USAID) MENTOR-PROTÉGÉ PROGRAM

K.15 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.5 GENERAL INSTRUCTIONS TO OFFERORS

L.6 DELIVERY INSTRUCTIONS

L.7 DELIVERIES TO LOADING DOCKS (FOR USAID/W ONLY)

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

(1) ORGANIZATION OF TECHNICAL PROPOSAL

(2) CONTENT OF TECHNICAL PROPOSAL

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL

L.10 COMPLIANCE MATRIX

L.11 PROPOSAL PAGE COUNT MATRIX

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 DETERMINATION OF COMPETITIVE RANGE

M.4 PRICE/BUSINESS EVALUATION

M.5 SOURCE SELECTION

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS

M.7 SMALL BUSINESS SET-ASIDE

ATTACHMENTS

ATTACHMENT J.1

ATTACHMENT J.2 – IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS

ATTACHMENT J.3 – SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE

ATTACHMENT J.4 – USAID FORM 1420-17 CONTRACTOR BIOGRAPHICAL DATA SHEET

ATTACHMENT J.5 – SF LLL - DISCLOSURE OF LOBBYING ACTIVITIES

ATTACHMENT J.6 – DD 254

DEPARTMENT OF DEFENSE CONTRACT SECURITY CLASSIFICATION SPECIFICATION

(including Supplemental Security Guidance for Item 13)

ATTACHMENT J.7 - CONTRACTOR AND MAJOR SUBCONTRACTOR POLICY FOR WORKDAY,

WORKWEEK, AND PAID ABSENCES

ATTACHMENT J.8 – AID 321-1 MENTOR-PROTÉGÉ APPLICATION (if applicable) ATTACHMENT J.9 – FREIGHT DELIVERY REQUEST FORM (See Section L)

ATTACHMENT J.10 – PROGRAM PERSONNEL

Position Title: Energy Sector Restructuring Specialist Position Title: Energy Market Specialist Position Title: Energy Efficiency and Demand Side Management Specialist Position Title: Renewable Energy Specialist Position Title: Small and Medium Scale Enterprise (SME) Development Specialist Position Title: Utility Management Specialist Position Title: Climate Change/Carbon Market Specialist Position Title: Legal Advisor

Position Title: Regulatory Advisor

ATTACHMENT J.11 – PAST PERFORMANCE MATRIX

ATTACHMENT J.12 – FEE AND INDIRECT COST MATRIX

ATTACHMENT J.13 – ENERGY SECTOR – KEY FEATURES

SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the scope of the work specified in Section C for technical assistance to implement United States Government initiatives in the energy sector in Critical Priority Countries. United States Agency for International Development (USAID) Task Order Contracting Officers (TOCOs) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.

B.2 CONTRACT TYPE AND SERVICES

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract. The Government will issue task orders that are either cost-plus-fixed-fee (CPFF) or firm-fixed-price (FFP). The contractor must perform the services set forth in task orders at prices consistent with section B of this contract.

B.3 MINIMUM OBLIGATED AMOUNT

The basic contract includes an initial obligation of funds in the amount of $ [to be determined (TBD)] to cover the minimum order guarantee. USAID is required to order, and the contractor is required to furnish, the minimum order amount of services. Following this initial obligation, individual task orders will obligate funds to cover the work required under that task order.

B.4 MAXIMUM CONTRACT CEILING

This is a multiple award IDIQ contract with an overall ceiling price of $400,000,000. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed the contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

B.5 OBLIGATED AMOUNT, ESTIMATED COST, FIXED FEE

B.5.1 Obligated Amount. The basic contract includes an initial obligation of funds in the amount of $ [to be determined (TBD)] to cover the minimum order amount.

The Expanded Object Class Code (EOCC) for this initial obligation of funds is _______.

B.5.2 The Total Estimated cost-plus-fixed-fee for each task order must be negotiated in accordance with the terms of the IDIQ contract. In no event may the indirect rates or fixed fee for a task order exceed the ceilings set forth in Section B.7 and B.8 of the IDIQ contract. The U.S. dollar costs must be limited to reasonable, allocable, and allowable costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, and FAR 52.216-8, Fixed Fee, A-21 (for universities), and A-122 (non-profit).

B.5.3 Fixed Fee Payment. For any task order issued under this contract, at the time of each payment of allowable costs to the contractor, the USAID paying office ordinarily pays the contractor a percentage of fixed fee that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(a) If the TOCO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the contractor has completed, then the TOCO may suspend further payment of any fixed fee until the contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(b) Because the clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-8) are incorporated into this contract, the terms and conditions of these clauses apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee.

B.6 INDIRECT COSTS

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

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:

Note 1: Contractors are allowed to recover applicable indirect costs (i.e., overhead, general and administrative (G&A), etc.) on other direct costs (ODCs), if it is part of the contractor's usual accounting procedures, consistent with FAR Part 31, and the Negotiated Indirect Cost Rate Agreement (NICRA).

Note 2: While subcontractor indirect cost rates are not incorporated above, subcontractor indirect cost rates as indicated in Note 1 above may be included in task order proposals, and are subject to approval of the TOCO in accordance with FAR 52.244-2, Subcontracts.

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

PERFORMANCE 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:

Indirect Cost Ceiling Rates

FISCAL

YEAR:

2011 2012 2013 2014 2015 2016 2017 2018

Fringe Overhead G&A

Reference respective accounting periods and indirect cost categories (Fringe, Overhead, G&A, etc.) specified in B.6.

INDIRECT COSTS.

(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 CEILING ON FIXED FEE

For each task order issued under this IDIQ contract, the TOCO and contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the fixed dollar amount for fee, the TOCO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount.

In no event, however, may the amount of fixed fee in any individual task order exceed _______ percent (offeror proposes ceiling percentage) of the task order’s estimated cost, excluding fee.

For the grants under contract activities awarded under a task order, a letter of credit (LOC) will be sought for awardees. However, since issuance of a LOC cannot be accomplished prior to award, all offerors shall propose a ceiling percentage fee if issued a LOC and a separate ceiling fee percentage if not issued a LOC. Only the appropriate fee will be included in the contract upon award as follows:

_____ percent (offeror proposes ceiling percentage) of the amount for grants under contract awarded under the task order, excluding fee if issued a letter of credit.

_____ percent (offeror proposes ceiling percentage) of the amount for grants under contract awarded under the task order, excluding fee if NOT issued a letter of credit.

B.9 LABOR

Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation (July 2007), the full text of which is in section H.

The work day and work week policies and method of accounting for paid absences including holidays for the contractor and major subcontractors is set forth in Attachment J.7.

B.10 TASK ORDER LIMITATIONS

(a) Cost-Plus-Fixed-Fee (CPFF) task orders. When issuing CPFF task orders, the TOCO must state in the task order the total estimated cost plus fixed fee, which is the total amount of the task order and the maximum amount the contractor may be paid without the advance written approval of the cognizant Contracting Officer. The maximum amount represents the negotiated mix of the prime contractor's and subcontractors' professional labor categories and salaries, an estimated number of workdays, other direct costs, and fixed fee.

(b) Firm Fixed Price (FFP) task orders. When issuing FFP task orders, TOCOs must state in the task order the firm-fixed-price, which represents the total amount of the task order and the maximum price the contractor may be paid to perform the services, or provide reports or other deliverables in the task order.

(c) Special studies. Special studies, to include but not limited to development plans, analysis, evaluations, host country reports, etc., shall be fixed price Contract Item Line Numbers (CLINS) issued on individual task orders.

(d) Minimum order. When USAID requires services or reports and other deliverables covered by this contract in a task order in the amount of less than $50,000, the contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $50,000 and is awarded a task order to do so, the contractor is required to provide the services, reports and other deliverables in accordance with the contract's terms and conditions.

(e) Maximum order. When USAID requires services or reports and other deliverables covered by this contract in a task order amount of more than $50,000,000, the contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $50,000,000 and is awarded a task order to do so, the contractor is required to provide the services, reports and other deliverables in accordance with the contract’s terms and conditions.

(f) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the contractor would: (1) result in the contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the contractor's (or its personnel’s or its subcontractors’ or their personnel’s) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L. 101-189, the contractor, after written notification to the cognizant Contracting Officer, is not obligated to furnish those services, reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

SECTION C - DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 BACKGROUND

Energy provides vital services that fuel economic growth and social development, and is a critical factor in a variety of environmental and political issues. Access to electricity underpins the expansion and improvement of services in all sectors of development, including agriculture, health, and education. Without changes in the current business model, meeting the energy demands of conflict and post-conflict Critical Priority Countries (CPCs; currently Afghanistan, Iraq, Pakistan and Sudan; subject to change) in the coming years will result in significant increases in greenhouse gas emissions.

Funding through this IDIQ contract will be used to improve access to reliable and affordable clean energy, to improve regulation and governance in the energy sector, to demonstrate the use of innovative and more efficient technologies and business models, and to assist conflict and post-conflict CPCs to transition to a low carbon development trajectory. Improving access to clean energy directly contributes to transformational diplomacy in developing countries.

Development Challenge: Despite the centrality of energy to economic development, rebuilding, developing, and transitioning countries are often disadvantaged in achieving development objectives because of lack of access to energy. Two billion people worldwide live without access to modern energy services, limiting their economic, social, and educational opportunities. Energy can also be a significant financial burden to developing country populations who spend an average of 12 percent of their income on energy, compared to an average of two percent in developed countries. Expanding access to affordable, reliable, efficient, and clean energy services empowers people to take a major step out of poverty into a better future.

Global energy use is expected to increase by over 50 percent from the year 2000 through 2020, with over two-thirds of this growth in energy demand to occur in developing countries. The International Energy Agency (IEA) estimated that $140 to $160 billion per year will need to be invested in the electricity sectors in developing countries from 2002 to 2020 to meet the needs of emerging economies. It is estimated that investments of an additional $60 billion a year will be required to develop the energy resources of developing countries in a manner which is consistent with emerging global climate change objectives under the United Nations Framework Convention on Climate Change (UNFCCC). Numerous studies have documented the decisive relationship between the provision of energy services and global social, economic, and political development. Analyses of the linkages between energy and the economy, social and health issues, environmental protection, and security have revealed that:

Lack of access to affordable, modern energy supplies severely constrains opportunities for economic development and improved living standards. Women and children are disproportionately burdened by dependence on traditional fuels.

Energy subsidies intended to help poor people have instead proven to be a windfall for wealthier energy consumers and a significant drag on a country’s investment opportunities, budget imbalances, and economic development.

Wide disparities in access to affordable energy services are inequitable, run counter to the concept of human development, and threaten social stability.

For many who do have access, the unreliability of supplies poses a hardship and economic burden, and leads to inefficient use patterns.

Dependence on imported fuels leaves many countries and communities vulnerable to price volatility and disruptions in supply, resulting in dangerous social, economic, and political consequences.

Chronic power shortages severely undermine economic growth and environmental sustainability by encouraging the use of small-scale, inefficient generators.

Both the health of humans and the health of ecosystems are threatened by high levels of pollution resulting from energy use at the household, community, and regional levels.

At the same time, emerging economic sectors in many developing countries, such as the information technology (IT) sector in India, demand and can afford reliable clean power.

Global Climate Change: Emissions of anthropogenic greenhouse gases, mostly from the production and use of energy, are altering the atmosphere in ways that are already having a discernible impact on the global environment.

The combustion of fossil fuels produces carbon dioxide (CO2), the leading greenhouse gas (GHG). Other important GHGs related to the energy sector include nitrous oxide, methane and black carbon (which are by-products of inefficient fuel combustion); fossil fuel production; natural gas production, transmission and distribution; and transportation combustion; as well as agricultural production and decomposing organic waste streams. The international deployment of technologies and implementation of reforms that mitigate greenhouse gas emissions and black carbon emissions, reduce air pollution, and enhance energy security in a context of economic growth, is a central objective of U.S. climate and development policies. Many of these interventions have positive cost-benefit outcomes since combustion efficiency is a common action. Policy and regulatory frameworks established at national and international levels will determine whether investment and consumption decisions are steered towards low-carbon options. For example, import tariffs present a barrier to low-emission development due to the increase in the cost of advanced technologies.

The challenge is to promote economic growth in CPCs while minimizing GHG emissions that lead to global climate change. This challenge can be met through a multi-pronged approach to clean energy development which seeks to enable countries to transition to a low carbon trajectory in a manner which supports their development objectives, attracts investment in clean alternatives, and fosters economic growth.

Energy Sector Governance and Reform: A fundamental pre-condition for clean energy development is establishing the necessary enabling environment for the expanded use of clean, cost-effective, and efficient technologies and practices. Building the capacity of key energy sector institutions and stakeholders (utilities, regulators, independent power producers (IPPs), financial institutions, ministries, civil society non-governmental organizations (NGOs), etc.), and supporting other energy sector reforms such as commercialization and subsidy reform, are key components of the clean energy development process. By encouraging policies and practices that support the widespread use of energy efficiency, renewable energy, and more advanced and efficient conventional technologies at the national and local levels, while reducing and eliminating policy preferences for the status quo, the dual objectives of providing access to modern energy services while helping to mitigate global climate change can be accomplished.

C.2 STATEMENT OF WORK

The contractor shall:

Address the growing demand for and use of clean energy services in conflict and post-conflict countries.

Support USAID energy activities that fall under the full range of USAID program areas, and that are consistent with the U.S. Framework for Foreign Assistance (for the Foreign Assistance Framework, see http://www.state.gov/documents/organization/79748.pdf).

Provide the technical resources and skills needed to implement important U.S. Government (USG) initiatives in the energy sector, including specifically those that seek to address climate change, energy sector governance and reform, energy poverty, and energy security.

Assist USAID’s clean energy programs and activities to reduce global warming by promoting the sustainable use of renewable energy technologies, energy efficient end-use technologies, carbon sequestration and carbon accounting.

Provide technical assistance for the following activities:

Developing strategies and activity designs;

Creating enabling environments for clean energy development, including legal, regulatory and corporate governance structures and mechanisms;

Incorporating climate change into USAID Mission programs;

Increasing human resource capacities related to energy services;

Fostering private sector participation and investment;

Facilitating innovative financing approaches, such as revolving funds, bond pools, advance market commitments, credit guarantees, and structured finance;

Assessing the environmental implications of energy services; and Improving disaster preparations, responses, and recovery.

C.3 SPECIFIC TECHNICAL REQUIREMENTS FOR SIX KEY THEMES

The activities under this IDIQ contract fall under six key themes:

Clean Energy (section C.3.1) Climate Change (section C.3.2) Energy Poverty (section C.3.3) Energy Sector Governance (section C.3.4) Energy Security (section C.3.5) Energy Sector Reform (section C.3.6).

Some activities apply to multiple themes, as presented in the matrix below and the descriptions that follow.

Themes Clean

Energy Climate Change

Energy Poverty

Energy Sector

Governance

Energy Security

Energy Sector

Reform Key Activities C.3.1 C.3.2 C.3.3 C.3.4 C.3.5 C.3.6 Developing Strategies and Activity Designs

X X X X X X

Creating Enabling Environments for Clean Energy Development, including Legal, Regulatory and Corporate Governance Structures and Mechanisms

X X X X X X

Incorporating Climate Change in to Mission Programs

X X X X X

Increasing Human Resource Capacities related to Energy Services

X X X X X X

Fostering Private Sector Participation and Investment

X X X X X

Facilitating Innovative Financing Approaches, such as Revolving Funds, Bond Pools, Advance Market Commitments, credit guarantees, and Structured Finance

X X X

Assess Environmental Implications of Energy Services

X X

Improving Disaster Preparations, Responses, and Recovery

X X X

C.3.1 Clean Energy

The energy sector produces a significant amount of all global greenhouse gas emissions. Developing countries are projected to account for 2/3 of total world energy supply and demand growth by 2030. Given the long life of energy investments, transitioning developing countries to a low carbon development trajectory in the energy sector in a manner which supports economic growth is a necessary component to an effective global climate change strategy.

Energy efficiency, on and off-grid renewable energy development, innovative and cleaner conventional technologies, clean transport, and improved household energy practices are all critical components to a low carbon future.

C.3.1.a Developing Strategies and Activity Designs

USAID is frequently required to develop strategies and activities (projects/programs) related to energy development and global climate change. Representative tasks the contractor shall accomplish are:

Assess existing energy and natural resources (e.g., energy and renewable energy resources assessments);

Analyze of Greenhouse Gas (as equivalent CO2) emissions by different sectors and future projections;

Determine the status of the existing energy sector and the services supplied, including relevant environmental programs;

Provide an overview and analysis of institutional roles and responsibilities related to clean energy including an assessment of institutional and human capacity;

Assess policy, legal and regulatory barriers including capacity to monitor, report and verify GHG emission reductions necessary for carbon market participation and purchase of carbon offsets, etc.;

Assess the adequacy and potential for development of regional energy networks and markets;

Evaluate past strategies and national plans, including, but not limited to, resource development, GHG mitigation action plans, technology needs assessments (TNAs), technology action plans, national communications, technology introduction to improve efficiency of energy production/delivery/end use, fuel choices/switching to reduce emissions, climate change, energy security, energy sector reform, and expanding service provision to the un- and under-served;

Evaluate technology investment plans and technology projects and programs for investment by the Clean Technology Fund and other USG and International Climate Investment instruments;

Provide results and cost benefit analysis regarding the carbon reduction interventions in the energy sector and the subsector;

Collect data, and deploying and applying financial, economic and technology and technical models to evaluate options for energy development and GHG mitigation (e.g., least-cost power sector expansion plans, project feasibility studies, GHG mitigation cost curves, reformed import tariffs and advanced tariff regimes for renewable energy);

Design program strategies and activities to be implemented by USAID operating divisions in areas related to energy development and global climate change;

Provide technical assistance and training to development partners in developing, adopting, and carrying out energy and climate change related activities and programs; and

Analysis and implementation of the energy sector including existing and new projects and programs, regarding their vulnerabilities and resilience to impacts from climate variability and change.

C.3.1.b Creating Enabling Environments for Energy Development and Energy Sector Reform

Energy development and the maintenance of services over the long term require the creation of supportive enabling environments. Enabling environments include the legal, regulatory (including environmental regulation and enforcement), sector and corporate governance arrangements, as well as key public sector financing mechanisms, such as subsidies, revolving funds, public budgeting and financial management arrangements, feed-in tariffs, and specialized banks and lending windows. The enabling environment is a key factor that can attract significant public and private sector investment and foster accountable, financially sound institutions to operate the systems reliably to provide services to consumers. Representative tasks the contractor shall accomplish are:

Assess the existing policy, legal, regulatory, and commercial situation within the energy sector, including level and quality of services supplied to various customer groups;

Evaluate existing clean energy development strategies, and past and future investments and their sources;

Support the development of the key enabling environment institutions in the energy sector, including their roles and responsibilities, and perceived effectiveness in carrying out their duties through technical assistance and capacity building;

Analyze the state of the energy sector to determine:

Policy reforms needed to facilitate implementation of a clean energy/low-emissions development strategy, including access to commercial financing, emerging markets, new climate funds, carbon markets, and private sector participation as well as promoting transparency and improved governance;

Legal reforms needed to ensure efficient operation, financial sustainability, environmental compliance and social equity;

Regulatory arrangements suitable for the development of clean energy;

Supporting key carbon market development activities including developing advanced legal regimes and monitoring assessment protocols, development and implementation of country specific carbon market mechanisms, specific project transaction support, as well as institutional and human capacity building;

Sector structures that are most appropriate (e.g., unbundling the power sector);

Pricing, tariff, or subsidy reforms needed, as well as incentives to improve collections for better cost recovery and financial viability;

Needed commercial operational improvements;

Institutional performance improvements needed, particularly with regard to access to and affordability of clean energy services;

Market structures that are the most appropriate to promote clean energy;

Necessary additions/changes to the grid or transmission system needed to accommodate clean energy investments;

Measures needed to promote large-scale promotion and adoption of improved household energy technologies;

Realization of opportunities for low-emissions investments in rapidly developing commercial sectors such as IT;

Developing clean energy sector reform strategies to create an improved enabling environment for the sustainable expansion, improvement, and maintenance of energy services to support economic and social development and reduced energy sector greenhouse gas emissions, including involving all key stakeholders and getting the strategies formally adopted;

Providing technical assistance and training to development partners in developing, adopting, and carrying out an implementation plan for the energy sector reform strategies, corporate development for key public service providers, and key enabling environment components such as independent regulatory bodies;

Support energy sector reforms and commercialization of energy utilities, which will include the establishment of regulatory agencies, support for legal reforms in the energy sector, restructuring and corporatization of energy utilities, support for transmission system and energy market development, privatization, design of effective subsidy and social safety net programs, and integration of clean energy into conventional gas and electricity systems;

Establish processes and procedures for monitoring, reporting and verification (MRV) of projects and for progress towards meeting mitigation objectives necessary for utilization of carbon markets.

C.3.1.c Incorporating Climate Change into Mission Programs

Provide support for climate change related activities including strengthening participation in the goals of the UNFCCC, developing and implementing Low Emission Development Strategies (LEDS)/Low Emissions Growth Strategies (LEGS) and Nationally Appropriate Mitigation Actions (NAMAs), GHG inventory and accounting systems, supporting the development and evaluation of national climate change action plans and greenhouse gas mitigation projects.

Address new key priorities of the global climate change program such as development of Low Carbon Development Strategies and preparations or “readiness” for carbon markets.

Evaluate of near and long-term low carbon development goals nationally and by sector/sub-sector, technology deployment scenarios and pathways for achieving these goals.

Analyze of the technical and economic potential of policies and technologies to reduce GHG emissions including the development of carbon abatement cost curves.

Assess of the economic, social, and environmental development benefits (and costs) of GHG mitigation technologies.

Develop and customize planning and assessment tools for energy and GHG modeling, forecasting and scenario development.

Develop and implement systems for meeting potential UNFCCC requirements for

MRV.

Assist design and development of nationally appropriate mitigation actions and a portfolio of mitigation measures to achieve low carbon development goals.

Assist development of national technology needs assessments and national technology road maps associated with low-emissions development priorities.

Establish frameworks for coordinating implementation of national mitigation actions and collaborating technical assistance.

Establish processes and procedures for monitoring, reporting and verification (MRV) of projects and for progress towards meeting mitigation objectives.

C.3.1.d Increasing Human Resources and Institutional Capacity to Provide Energy Services

The organizational and management capacity of public institutions, civil society and the private sector are directly linked to the sustainable management of energy services. USAID is committed to building institutional capacity of partner organizations and host-country government agencies, including national focal points, to improve the management and governance of energy.

The contractor shall assist to improve capacity to:

Strengthen the governance capacity and capability of key government, non-government and private sector organizations to plan, integrate and sustainably provide clean energy and climate change services;

Enhance the business and financial management, internal governance (including transparency and accountability), and monitoring and evaluation capacity of local institutions; and

Promote adaptive management practices that will foster institutional strengthening in support of sound energy resource management and services provision.

Representative tasks the contractor shall accomplish are:

Provide capacity building to NGOs, government institutions, and sustainable enterprises focusing on organizational restructuring, the development of personnel, financial, and business management systems, and enhancing their strategic planning capacity;

Improve the advocacy and negotiation skills of civil society organizations, business associations and other local groups so that these organizations can best represent and increase the presence of their constituents in the community;

Perform outreach activities for public awareness and education on the use and benefits of appropriate practices and technologies;

Organize roundtables, conferences, and seminars for technical practitioners, industrial owners, and policy makers; and

Assist in the establishment of information and professional networks and partnerships among these parties.

C.3.1.e Fostering Private Sector Participation and Investment

One of USAID’s priorities is to create opportunities in developing and rebuilding countries for a vibrant private sector, including attracting private sector investment, particularly in the provision of clean energy services.

Assess the current status of private sector participation, and identify barriers to private sector participation;

Conduct private sector participation options studies, and formulate strategies and plans for the development and management of private sector participation transactions;

Design regulatory and contracting arrangements for private sector participation, such as regulatory and pricing methodologies, Requests for Proposals (RFPs) and contracts;

Design privatization strategies

a. proper sequencing of privatization,

b. management control issues,

c. investment advisor roles,

d. the role of strategic investors and majority share sales,

e. tender processes,

f. share purchase agreements,

g. evaluation of investor interest and conduct of pre-bid meetings,

h. evaluation of bids and support for negotiations,

i. analysis of key privatization issues (e.g., debt liabilities, treatment of workers and lay-offs, cut off of non-payers, approaches to government and budgetary organization, tariff and minimum investment issues, and dispute resolution mechanisms);

Develop transparent and public processes to address the social implications of privatization, including social safety net alternatives, variable tariffs, and collection issues for the poor and disadvantaged;

Advisory services to assist project developers with financing proposals and promote matchmaking services, tapping existing financing networks and funds;

Advisory services for project pipeline development, project identification, screening, feasibility and pre-feasibility assessment and design;

Identify potential areas for joint ventures, collaboration and partnerships for moving clean energy technologies into the market place.

C.3.1.f Facilitating Innovative Financing Approaches

In order to achieve results and lay the ground work for increased private investment and commercial financing, USAID also seeks to facilitate access to financing for clean energy services and, where needed, develop new, innovative approaches to financing clean energy. Representative tasks the contractor shall accomplish are:

Technical support for the design of financing, revolving funds, public benefit funds, municipal bonds, and specialized financing mechanisms, such as clean technology funds;

Assist medium- to large-scale energy projects obtain financing by working with them to obtain credit guarantees (e.g., USAID’s Development Credit Authority or DCA) or liaising and partnering with other donors (e.g., Multilateral Development Banks, International Finance Corporation;

Design financing programs, which may include DCAs, to support small-scale service providers such as energy small and medium enterprises (SMEs), as well as customers;

Technical assistance in project feasibility analysis, tariff studies, business and financial planning for energy projects;

Formulate innovative business models and financial products to assist in the development of clean energy and energy access markets;

Support activities at both the national and project level to increase access to carbon financing;

Facilitate access to credit guarantees and other financing mechanisms through USAID’s Development

Credit Authority and/or other similar mechanisms to catalyze additional investment in the clean energy sector;

Create institutional mechanism for participating in carbon trade and markets, sale of carbon offsets to international carbon markets, sectoral Clean Development Mechanisms (CDM) or sectoral crediting, CDM program of activities, carbon tax or emission certification, complying with possible future UNFCCC requirements for monitoring, reporting and verification (MRV);

Access carbon finance to improve the credit worthiness of small and medium scale enterprises. Credit line to energy service companies (ESCOs); and

Address barriers of high up-front capital costs, real and perceived risks, uncertain regulatory environments that suppress needed private sector capitol investment to advance market commitments.

The focus on development and enhancement of supportive enabling environments for climate technology innovation and development and assistance to develop local, in-country climate technology innovation capacity, can assist partner countries to address both mitigation and adaptation concerns while realizing economic development objectives.

C.3.1.g Assessing the Environmental Implications of Energy Services

USAID promotes environmentally sound design by requiring application of environmental assessment processes at the program, project and activity design stages. Early consideration of environmental implications increases long-term sustainability of development interventions and helps avoid costly design errors and expensive mitigation.

Implementation monitoring and reporting leads to adaptive management actions for unforeseen conditions. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System (ADS) Part

204. Representative tasks the contractor shall accomplish are:

Review ongoing and planned activities for potential environmental impacts and recommending mitigating measures to reduce or eliminate adverse impacts, including analysis of GHG implications and alternatives.

Assess best environmental management practices for specific projects or programs and incorporating those practices into project design.

Perform environmental impact assessments of proposed projects and preparing draft Initial Environmental Evaluations (IEE) or Environmental Assessments (EAs), consistent with the requirements of 22 CFR 216, for USAID review and approval.

Prepare environmental mitigation and monitoring plans for energy projects.

Provide environmental management expertise and building capacity in host-country institutions to effectively deal with environmental issues related to the energy sector.

C.3.1.h Improving Disaster Preparations, Responses, and Recovery

This focuses on the improvement of national or local government capacity to prepare for and respond to natural or man-made disasters. Representative tasks the contractor shall accomplish are:

Pre-disaster risk and hazard assessments, including but not limited to: environmental, structural, clean energy and population vulnerabilities;

Prepare response plans, training and programs intended to improve the capability of emergency service personnel and local community leadership to respond to disasters;

Post-disaster risk assessments and mitigation plans or programs;

Post-disaster short, medium and long-term recovery plans and/or programs that will assist urban communities recover from the effects of a disaster; and Programs intended to share experiences and techniques related to the preparation for, and the recovery from, a disaster.

C.3.2 Climate Change

USAID’s clean energy programs and activities reduce global warming by promoting the sustainable use of renewable energy technologies, energy efficient end-use technologies, carbon sequestration and carbon accounting.

A primary objective of these programs is to reduce, mitigate, and/or sequester emissions of greenhouse gasses.

Activities can help CPCs achieve climate resilient and low emissions development through support for the creation and implementation of national strategic plans on climate change, emissions…