SOL-OAA-17-000012_-_3-31-2017.pdf

Solicitation Issuance Date: TBD Closing Date and Time for Offeror Questions: TBD Closing Date and Time for Receipt of Proposals: TBD

Subject: Request for Proposal #SOL-OAA-17-00012, Strengthening Tenure and Resource

Rights II (STARR II)

Dear Prospective Offerors:

The United States Agency for International Development (USAID or the Agency) is seeking proposals to provide technical assistance to USAID’s Office of Land and Urban (LU) in the Bureau for Economic Growth, Education, and Environment (E3) as described in the attached Request for Proposals (RFP).

USAID anticipates awarding up to seven five-year Multiple Award Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts, of which up to three may be set aside for small business concerns. The Agency reserves the right to award more or less awards than anticipated, or to make no award.

USAID anticipates that the maximum ordering limitation of the contract(s) resulting from this RFP will not exceed $650,000,000 over the five-year ordering period. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

Award of a Contract under this RFP is subject to availability of funds and other internal USAID approvals.

There is no guarantee as to the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee set forth in the RFP.

Upon award of the Strengthening Tenure And Resource Rights II (STARR II) IDIQ contract, USAID anticipates issuing one initial Cost-Plus-Fixed-Fee (CPFF) Term task order comprised of a three-year base period and two one-year option periods. Attachment J.1 contains the Statement of Work (SOW) for the initial task order.

USAID invites all interested and responsible organizations to submit offers in accordance with the requirements of this solicitation. USAID will conduct this procurement as a full and open competition under which any type of organization may submit a proposal. The procedures set forth in Federal Acquisition Regulation (FAR) Part 15 will govern the procurement. The North American Industry Classification System (NAICS) Code is 541990.

Section L, “Instructions to Offerors”, of the RFP sets forth all instructions for the preparation and submission of required proposal contents. Prospective offerors must submit questions and proposal submissions by email to Berneta Ellis at beellis@usaid.gov with a copy to Contracting Officer, Sharon M.

Baker at shbaker@usaid.gov, by the time and dates indicated above. USAID will evaluate proposals in accordance with the evaluation factors in Section M, “Evaluation Factors for Award.”

Offerors are responsible for ensuring that their entire proposals are received at USAID by the date and time specified above. Late proposals will not be reviewed or evaluated. Faxed proposals are not acceptable, nor will they be reviewed or evaluated.

mailto:beellis@usaid.gov mailto:shbaker@usaid.gov

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a contract under this RFP is subject to availability of funds and other internal USAID approvals. This RFP can be viewed and downloaded from www.fedbizopps.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Amendments to solicitations are occasionally issued and will be posted on the same website from which you downloaded the solicitation. Prospective offerors should regularly check the above website for amendments.

Sincerely, Sharon M. Baker Supervisory Contracting Officer Branch Chief, M/OAA/E3 http://www.fedbizopps.gov/

RFP#SOL-OAA-17-000012

Strengthening Tenure & Resource Rights II (STARR II)

Table of Contents

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 FIXED FEE CEILING (COST-PLUS-FIXED-FEE TASK ORDERS ONLY)

B.6 LABOR

B.6.1 Unburdened Ceiling Daily Rates (CDR) B.6.2 Minimum Qualifications

B.7 UNBURDENED CDR RATE CHANGES

B.8 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS . 15

B.9 REIMBURSEABLE COSTS

SECTION C - Description/Specifications/Statement of Work

C.1 PURPOSE

C.2 BACKGROUND

C.3 OBJECTIVE

C.4 STATEMENT OF WORK

C.5 RESULTS

SECTION D - Packaging and Marking

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING

PLAN

D.3 BRANDING IMPLEMENTATION PLAN [To be completed by Offeror] D.4 MARKING PLAN [To be completed by Offeror]

D.5 PREPRODUCTION REVIEW

D.6 DOCUMENTS, POLICIES AND INITIATIVES REFERENCED AND

INCORPORATED

SECTION E - Inspection and Acceptance

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

E.3 RESPONSIBLE OFFICIAL

SECTION F - Deliveries or Performance

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

F.2 PERFORMANCE PERIOD

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

F.5.1 IDIQ REPORTS

F.6 ORDERING PROCEDURES

F.7 TASK ORDER ADMINISTRATION

F.8 KEY PERSONNEL

F.9 BUY-IN/FIELD SUPPORT FUNDING FOR TASK ORDERS

SECTION G - Contract Administration Data

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

G.2 CONTRACTING OFFICER

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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 DIRECTION/RELATIONSHIP WITH USAID

G.9 752.7003 DOCUMENTATION FOR PAYMENT. (NOV 1998)

SECTION H - Special Contract Requirements

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

752.225-70 Source and Nationality Requirements (FEB 2012)

H.2 AIDAR 752.7007 PERSONNEL COMPENSATION (JULY 2007)

H.2.1 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION ... 73

H.3 LANGUAGE REQUIREMENTS

H.4 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (JAN 2004)

H.5 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

H.6 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM

FURNISHING CERTAIN SERVICES AND RESTRICTIONS ON USE OF

INFORMATION (INDEFINITE DELIVERY, INDEFINITE QUANTITY)

(EVALUATION SERVICES)

H.7 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM

FURNISHING CERTAIN SERVICES AND RESTRICTION ON USE OF

INFORMATION (EVALUATION) (TASK ORDER CLAUSE)

H.8 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM

IMPLEMENTATION CONTRACT (DESIGN/IMPLEMENT)

H.9 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM

IMPLEMENTATION CONTRACT (DESIGN/IMPLEMENT) (TASK ORDER

CLAUSE)

H.10 LOGISTIC SUPPORT

H.11 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES

H.12 INFORMATION SYSTEM SECURITY

H. 13 ADS 302.3.5.19 USAID-FINANCED THIRD-PARTY WEB SITES (AUGUST

2013)

H.14 ADS 302.3.5.13 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JULY 2007)

H.15 HOMELAND SECURITY PRESIDENTIAL DIRECTION -12 (HSPD-12) (SEP

2006)

H.16 ENVIRONMENTAL COMPLIANCE

H.17 NONEXPENDABLE PROPERTY

H.18 ELECTRONIC PAYMENTS SYSTEM

H.19 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.20 SUBCONTRACTING CONSENT

H.21 EXECUTIVE ORDER ON TERRORISM FINANCING

H.22 ADS 302.3.4.15 COMPLIANCE WITH SECTION 508 OF THE

REHABILITATION ACT OF 1973, AS AMENDED

H.23 AUTHORIZED GEOGRAPHIC CODE

H.24 DEFENSE BASE ACT (DBA) INSURANCE

H.25 SECURITY CLEARANCE

H.26 SPECIAL CONTRACT REQUIREMENTS FOR INFORMATION

TECHNOLOGY

H.27 EXECUTIVE ORDER ON TERRORISM FINANCING

H.28 ELECTRONIC PAYMENTS SYSTEM

H.29 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY

(DDL) (OCTOBER 2014)

H.30 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

H.31 NONDISCRIMINATION (JUNE 2012)

H.32 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004)

H.33 ADS 302.3.4.13 GRANTS UNDER CONTRACTS (GUCS)

H.34 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements –Representation (DEVIATION 2015-02) H.35 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)

SECTION I - Contract Clauses

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

AIDAR 752.222-70 USAID Disability Policy—Acquisition (DEC 2004) I.2 52.216-18 Ordering (OCT 1995) I.3 52.216-19 Order Limitations (OCT 1995) I.4 52.216-22 Indefinite Quantity (OCT 1995) I.5 52.217-9 Option to Extend the Term of the Contract (Mar 2000) I.6 52.222-50 Combatting Trafficking in Persons (MAR 2015) I.7 AIDAR 722.170 Employment of Third Country Nationals (TCNs) and Cooperating Country Nationals (CCNs) I.8 AIDAR 731.205-46 Travel Costs I.9 AIDAR 752.227-14 Rights in Data—General (OCT 2007) I.10 AIDAR 752.228-3 Worker’s Compensation Insurance (Defense Base Act)

(DEC 1991)

I.11 AIDAR 752.228-70 Medical Evacuation (MEDEVAC) Services (JUL 2007) 131 I.12 AIDAR 752.231-71 Salary Supplements for Host Government Employees

(MAR 2015)

I.13 AIDAR 752.245-70 Government Property—USAID Reporting Requirements

(JUL 1997)

I.14 AIDAR 752.245-71 Title To and Care of Property (APR 1984) I.15 AIDAR 752.7008 Use of Government Facilities or Personnel (APR 1984) ... 134

I.16 AIDAR 752.7013 Contractor-Mission Relationships (OCT 1989) I.17 AIDAR 752.7025 Approvals (APR 1984) I.18 AIDAR 752.7028 DIFFERENTIALS AND ALLOWANCES (July 1996)

I.19AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND

NOTIFICATION REQUIREMENTS (APR 2014) (Class Deviation OAA-DEV-14- 01c) 138

SECTION J—LIST OF ATTACHMENTS

J.1 Integrated Land and Resource Governance (ILRG) Task Order SOW J.2 Contractor Performance Report – Short Form J.3 Initial Environmental Examination – IDIQ J.4 Initial Environmental Examination – Task Order

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

K.1 Notice Listing Contract Clauses Incorporated by Reference K.2 52.204-8 Annual Representations and Certifications (DEC 2014) K.3 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) K.4 52.209-7 Information Regarding Responsibility Matters (July 2013) K.5 52.230-1 Cost Accounting Standards Notices And Certifications (MAY 2012) K.6 52.230-7 Proposal Disclosure—Cost Accounting Practice Changes (APR 2005) K.7 Insurance—Immunity From Tort Liability K.8 Compliance with Veterans Employment Reporting Requirements K.9 Authorized Negotiators K.10 Agreement On, Or Exceptions To, Terms and Conditions K.11 Signature K.12 Key Individual Certification Concerning Narcotics Offenses and Drug Trafficking

K. 13 KEY INDIVIDUAL CERTIFICATION

K.14 Representation by Corporation Regarding a Delinquent Tax Liability or a Felony Criminal Conviction (Deviation OAA-DEV-14-02c) (August 2014) K.15 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

(MAR 2015)

SECTION L—INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR RESPONDENTS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

L.2 52.216-1 Type of Contract (Apr 1984)

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

(End of provision) L.4 52.252-5 Authorized Deviations in Provisions (Apr 1984)

L.5 GENERAL INSTRUCTIONS

L.6 DELIVERY INSTRUCTIONS

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL

PROPOSAL

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS

PROPOSAL

SECTION M - Evaluation Factors for Award

M.1 GENERAL INFORMATION

M.2 TECHNICAL EVALUATION CRITERIA

M.3 DETERMINATION OF COMPETITIVE RANGE

M.4 COST/PRICE EVALUATION

M.5 SOURCE SELECTION

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS

M.7 SMALL BUSINESS RESERVE

M.8 CONTRACTING WITH U.S. SMALL BUSINESS CONCERNS IN THE

MENTOR-PROTÉGÉ PROGRAM

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 Work (SOW) specified in Section C for the STARR II Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

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 this contract.

B.2 CONTRACT TYPE AND SERVICES

This is a IDIQ type contract. The Government will issue task orders that are either Cost-Plus- Fixed-Fee (CPFF) (term or completion), Cost-Plus-Award-Fee (CPAF), Cost-Plus-Incentive-Fee (CPIF) or any Fixed-Priced type. 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 IDIQ contract includes an initial obligation of funds in the amount of $25,000 per IDIQ prime contractor to cover the minimum order guarantee USAID is required to order and the minimum order amount of services the Contractor is required to furnish.

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 $650,000,000. The maximum aggregate dollar value of task orders awarded to all contractors must not exceed the IDIQ 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 FIXED FEE CEILING (COST-PLUS-FIXED-FEE TASK ORDERS ONLY)

(a) The ceiling on fixed fee does not apply to Fixed-Priced Task Orders.

(b) For each Cost-Reimbursement task order issued under this IDIQ, 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 [Offeror proposes fixed fee percentage] percent of the task order’s estimated cost, excluding fee. The fixed fee ceiling applies to the prime contract and all cost-reimbursement subcontracts.

Fees for CPIF or CPAF Task Orders will be negotiated by the TOCO at the time of task order award.

(c) The Total Estimated Cost-Plus- Fixed- Fee for each task order must be negotiated in accordance with the terms of this contract.

(d) Fixed Fee Payment. For any task order issued under this IDIQ 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 fees that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(1) 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.

(2) Because the FAR 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 85 percent of the total fixed fee.

(e) Fees must not be applied to Grants Under Contracts (GUCs).

B.6 LABOR

(a) This Section B.6 is only applicable to Cost-Reimbursement task orders.

(b) Central management costs will be handled through the following method:

The Contracting Officer has determined that a key (full-time) technical manager is not necessary or required to administer the basic IDIQ. Contractors will not be authorized to bill USAID directly for IDIQ management costs under this IDIQ contract or under task orders. Contractors must propose a centralized management structure that allows for recovery of IDIQ management costs as part of its indirect costs.

(c) 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.X [To be inserted at time of award ].

(d) Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation (July 2007) (See Section H.).

B.6.1 Unburdened Ceiling Daily Rates (CDR)

(a) The Unburdened Ceiling Daily Rates apply to any task orders awarded under this IDIQ contract, with the exception of Fixed-Priced Task Orders. The unburdened CDRs do not apply to Fixed-Price Task Orders.

(b) The Unburdened Ceiling Daily Rates apply to all labor (the prime contractor, subcontractor, TCNs, CCN’s and consultant salaries). CCN and TCN labor are also governed by the local compensation plan limitations.

(c) Locally Hired National Personnel or Other Non-U.S. Expatriate Rates

All locally hired national personnel and other non-U.S. expatriates must be paid in accordance with AIDAR 722.170.

Salaries for individual locally-hired personnel and other non-U.S. expatriates under any task orders or resulting subcontracts under this IDIQ contract must be in accordance with AIDAR 752.7007, Personnel Compensation (July 2007), and should be based upon a combination of factors including the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by USAID and consideration of the individual's education, work experience and recent relevant salary history.

Unless otherwise authorized by USAID, the compensation for CCN and TCN labor must not exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by USAID and must be paid in the currency of the cooperating country.

(d) Task Order rates must not exceed the ceiling daily rates set forth in the table below.

(e) Each CDR for personnel listed below is “unburdened” and must only include salary costs or consulting rates of the individual providing the services.

(f) The CDR for employees must not include the following:

(i) Payroll costs (fringe benefits, FICA, allowances, differentials, etc.);

(ii) Indirect Costs applicable to labor; and

(iii) Profit or fee, if any.

(g) The Contractor must propose unburdened CDRs in Table 1 below. The CDRs are fixed for the contract period, are for a productive eight (8) hour day, and apply to all subcontractors set forth in clause 52.244-2 in Section I. If a new subcontractor is proposed for a specific Task Order on other than a fixed-price basis, the CDRs set forth below will apply, and the subcontract is subject to consent by the TOCO in accordance with FAR Part 44.

(h) Actual salaries for all personnel will be negotiated under Task Orders and final approval is provided by the TOCO. The ceiling rates presented below do not constitute approval of final salary rates above the Contractor Salary Threshold (CST) (see ADS 302).

The unburdened ceiling daily rate for each labor category in Table 1represents the junior-level, mid-level and senior level rate in each category. One unburdened CDR for each labor category will be included in the contract to provide more flexibility under task orders.

Table 1. Labor Categories (Unburdened Ceiling Daily Rates)

Labor Category Level Year 1 Year 2 Year 3 Year 4 Year 5 Task Order Manager/ Chief of Party

Senior $ $ $ $ $ Mid $ $ $ $ $

Deputy Task Order Manager/Deputy Chief of Party/Country Director

Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

General and Administrative Specialist

Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Land Tenure Specialist/Subject Matter Expert

Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Land Administration Specialist Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Land Lawyer Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Post-Conflict/Post-Disaster Land Tenure Specialist

Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Climate Change and Tenure Specialist

Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Agricultural Economist Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

Gender Specialist Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $

GIS/Technology Specialist Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $ Monitoring and Evaluation/Knowledge Management Specialist

Senior $ $ $ $ $ Mid $ $ $ $ $

Junior $ $ $ $ $ Administrative Support Specialist

Mid $ $ $ $ $ Junior $ $ $ $ $

Table 2. Definition of Labor Categories

Task Order Manager/Chief of Party – The Task Order Manager/Chief of Party is responsible for day-to-day work and staff supervision leading to the achievement of quality work products.

S/he serves as a critical team member or leader in a project unit, mentoring individuals, and collaborating closely with other management staff for effective supervision of at least one complex project. The individual will negotiate and collaborate with host government officials, other USAID activities, local organizations, private sector representatives, local community leaders, and other stakeholders; and manage contracts and internal controls, monitor project progress and the achievement of results, and meet all contract deadlines including reporting requirements and therefore experience in these areas must be reflected in the candidate’s work history. The primary audiences are Agency staff and implementing partners.

Deputy Task Order Manager/Deputy Chief of Party/Country Director – The Deputy Task Order Manager will assist the Task Order Manager performing her/his tasks in serving as a critical team member or leader in a project unit, mentoring individuals, and collaborating closely with other management staff for effective supervision of at least one complex project. In periods of absence of the Task Order Manager, the Deputy Task Order Manager will temporarily act as the Task Order Manager.

NOTE: In no event will an individual serve in an acting capacity for an extended period of time.

General and Administrative Specialist – The individual is responsible for performing varied overall support for program implementation. Duties may include, but are not limited to, providing administrative support, budget formulation, budget execution, budget monitoring, financial reporting, forecasting annual funding needs, ensuring compliance with procedures and regulations, modifying budgets as necessary, working with government counterparts to ensure availability of funds based on government budget cycles, procuring contracts, managing subcontracts, administrating and managing grants, etc.

Land Tenure Specialist/Subject Matter Expert – The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: customary land tenure systems, land use and environmental planning, gender issues in land tenure and property rights, community based adjudication of land disputes, rangeland management, public outreach on land rights issues, and land allocation and land use in sensitive ecological zones. The individual may also be required to provide technical support on pastoral/grazing issues, customary law environments and how customary law impacts land use in rural areas, and/or urban land and property rights issues.

Land Administration Specialist - The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: Land Administration law, with the implementation of procedural regulations and the translation of such regulations into operational procedures, public sector capacity building, decentralized local government, customary governance systems, land administration, and design and implementation of training programs for national and local public officials. The individual may also provide support in identifying and implementing strategies for the sustainable improvement of inter-agency coordination, modernization, streamlining of procedures, and appropriate use of technology.

Land Lawyer - The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: drafting land and resource-related legislation and implementing regulations, procedural documents, local government decisions and protocols, and other legal documents relevant to a given project. The Land Lawyer will also likely provide technical support in land policy and legislation, statutory and customary tenure and customary legal frameworks, and defining mechanisms for resolution of land disputes (e.g. non-judicial arbitration and mediation mechanisms).

Post-Conflict/Post-Disaster Land Tenure Specialist – The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: assessing land tenure issues as they affect post-conflict and post-disaster situations and making recommendations of how best to mitigate conflict and land grabbing and facilitating eventual resettlement and stability. She/he will likely provide support in formal and informal land tenure systems in urban and/or rural settings, and with an array of land disputes and dispute resolution mechanisms in post-conflict and post-disaster situations.

Climate Change and Tenure Specialist – The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: risks and best practices in addressing resource governance in response to climate change and proposing country relevant strategies for overcoming identified constraints, climate change adaptation and mitigation (REDD), natural resource management, forestry, and carbon financing.

Agricultural Economist – The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: addressing tenure challenges as they relate to food security and economic growth.

The individual will apply qualitative and quantitative methodologies for assessing project impact and be able to apply such methodologies to strengthen knowledge and awareness of the interrelationships of tenure on food security strategies, and will likely need to address gender issues in agriculture.

Gender Specialist – The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: differential rights, knowledge, abilities, and approaches that men and women apply in the use and conservation of land and other natural resources. In addition, the Gender Specialist may work in a food security and agricultural environment, and therefore knowledge of gender issues in agriculture is highly desirable.

GIS/Technology Specialist – The individual is responsible for providing technical support to program implementation, specifically in managing spatial datasets and creating maps and other cartographic products. The individual will likely be required to collect, update, and maintain geospatial datasets, as well as build collaborative, positive, and mutually beneficial relationships with other stakeholders. The specialist may also be required to be familiar with new technologies/applications introduced in the land tenure and property rights field.

Monitoring and Evaluation/Knowledge Management Specialist – The individual is responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: Developing Monitoring and Evaluation Plans, Developing Performance Indicators, Conducting Performance Evaluations, Conducting Impact Evaluations, Conducting Sustainability Analyses, etc. In addition, the individual may be responsible for providing technical support to program implementation in one or more of the following technical areas and other related areas as appropriate: Environmental Education and Communication, Exchange of Information across Multimedia Platforms, Mass Communication, Computer-Mediated Communication, Database/Library/Knowledge Management, Technical Training Programs, Social Computing Tools, etc.

Administrative Support Specialist – The individual is responsible for providing services in one or more of the following: secretarial, driving, receptionist, security, cleaning, etc.

B.6.2 Minimum Qualifications

The Contractor must provide personnel that meet the minimum education and experience requirements set forth below. These minimum qualifications correspond to the unburdened Ceiling Daily Rates set forth in Table 1 above. Educational credentials and experience should be related to the work being performed.

Language fluency, relevant regional experience, and international development experience requirements will be specified in individual task orders.

Level Academic Degree AND Years of Relevant

Work Experience Ph.D. 6

JD/ABD 8

MS/MA/MBA 10

BS/BA 15

Less than BS/BA 15

Ph.D. 3

JD/ABD 4

MS/MA/MBA 6

BS/BA 10

Less than BS/BA 13 Ph.D. 0

JD/ABD 2

MS/MA/ MBA 3

BS/BA 5

Less than BS/BA 8

Junior

Mid

Senior

Education + Experience Requirements

B.6.3 Subcontractor Rates

The following provides guidance for various subcontracting arrangements:

(a) When the prime subcontracts with an approved subcontractor from the original IDIQ competition, the unburdened CDR’s for the prime contract apply to the subcontractor.

(b) When the Prime contracts with a new subcontractor not yet approved, the unburdened CDR’s for the prime contract apply to the new subcontractor.

(c) In the instance where the Prime subcontracts with a new subcontractor not yet approved and may or may not have a different cost accounting system that only processes fully burdened rates and the subcontractor proposes rates that are “above” the prime IDIQ rates, the Prime may then include in its TO proposal, (i) the fully burdened rate proposed to the Prime by the Subcontractor, (ii) allocation of the Prime’s indirect costs in accordance with established accounting practices, and (iii) a reasonable profit. If the rates proposed to USAID, inclusive of the Prime’s allocable indirect costs and a reasonable profit are above the Prime’s unburdened CDRs , the Prime must disclose the amount of the indirect costs, and the amount of the proposed profit that were added to the Subcontractor’s proposed rates. A reasonable profit will be negotiated by the TOCO for the specific TO. The CDRs of the subcontractor must not exceed the prime’s CDRs in the IDIQ contract.

B.7 UNBURDENED CDR RATE CHANGES

The labor rates are fixed for all contract years; however, the Contractor may submit a proposal reducing the labor rates and/or indirect rates at any time during the life of this contract. The Government will review these proposals and determine if the revised rates are realistic and in the best interests of the Government. If the rates are accepted, the Government will modify the contract by incorporating the new rates into the contract.

B.8 INDIRECT COSTS AND ADVANCED UNDERSTANDING ON CEILINGS

(a) Ceilings are not applicable to Small Business Offerors or local organizations serving as the prime or a subcontractor.

(b) Indirect rates are only applicable to Cost-Reimbursement Task Orders.

(c) Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs must be reimbursed on the basis of the following negotiated provisional or

Doctorate's Degree 20 years work experience may be substituted for a doctorate's degree

Bachelor's degree plus 16 years work experience or a master's degree plus 12 years work experience may be substituted for a doctorate's degree

Master's Degree 12 years work experience may be substituted for a master's degree

Bachelor's degree plus 8 years work experience may be substituted for a master's degree

Bachelor’s Degree 6 years work experience may be substituted for a bachelor's degree

Associate's degree plus 4 years work experience may be substituted for a bachelor's degree

Qualification Substitution predetermined rates and the appropriate bases for prime contractors and their major subcontractors pursuant to the contractor’s current executed Negotiated Indirect Cost Rate Agreement (NICRA).

[TO BE DETERMINED AT TIME OF AWARD]

Offeror Fringe

Rate % Overhead Rate %

Overhead Ceiling Rate %

G&A Rate %

G&A Ceiling Rate %

PRIME (Insert Name) Base of Application Source: (insert) Period: (insert) Major Subcontractors (Insert Name (s))

Base of Application Source: (insert) Period: (insert)

NOTES:

* Offerors must insert all above indirect rates and additional indirect rates, as needed, for the Prime and all major subcontractors in the above table.

** The un-shaded columns in the indirect cost table are the current approved indirect cost rates for the prime and major subcontractor(s).

The Contractor must not make any change in its established method of classifying or allocating indirect costs that impacts this contract without the prior written approval of the IDIQ Contracting Officer.

Reimbursement for indirect costs must be at final negotiated rates, but not in excess of ceiling rates specified above. For Fixed-priced Task Orders, the overhead ceilings serve as a basis for negotiation only.

Contractors are allowed to recoup indirect costs (OH, G&A, etc.) as other direct costs if it is part of the contractor’s usual accounting procedures, consistent with FAR Part 31 and the contactor’s

NICRA.

The Government will not be obligated to pay any additional amount associated with indirect costs above the ceiling rates established in the contract. This advance understanding must not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.9 REIMBURSEABLE COSTS

For Cost-Reimbursement task orders, USAID will only reimburse the Contractor for allowable costs in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, FAR 52.232-20, Incentive Fee, FAR 52.216-10, Limitation of Cost and FAR 52.232-22, Limitation of Funds, if applicable, and AIDAR 752.7003, Documentation for Payment.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PURPOSE

The purpose of this Indefinite Delivery, Indefinite Quantity contract is to deliver services in the land and resource governance sector in support of Development Objective One within USAID’s Office of Land and Urban (LU) in the Bureau for Economic Growth, Education, and Environment (E3): Improve land and resource governance and strengthen property rights for all members of society, especially women.

C.2 BACKGROUND

C.2.1 Problem Statement

Resource tenure and property rights challenges are present, to some degree, in every country where USAID works. In many of these countries, tenure and property rights problems are so grave that they create political instability, violence, population displacement, famine, and environmental destruction, which significantly hinder human development and sustainable natural resource management, transparent and accountable governance, and undermine or prevent successful implementation of many USAID programs that aim to alleviate extreme poverty. The new United Nations Sustainable Development Goals, specifically Goals 1.4, 2.3 and 5a, expressly recognize the importance of land and property rights in development. The STARR II IDIQ contract will continue providing critical technical assistance to help the Agency address these challenges, increasing and improving USAID programs’ results and sustainability.

An estimated 70 percent of land in developing countries is not documented, which means people

– in both rural and urban areas – do not have secure land rights and cannot make informed socio-economic decisions or long-term, sustainable investments in land. Secure access to and control of land and land-based resources for all individuals, communities, and entities is critical to supporting many of USAID’s strategic objectives including economic growth, gender equality, women’s economic empowerment, food and energy security, resilience, rural and urban development, democracy and governance, conflict mitigation, adaptation and mitigation of climate change, biodiversity conservation, global health, and natural resource management. The lack of secure property rights is one of the most limiting factors in achieving economic growth and democratic governance throughout the developing world. Insecure or weak property rights, limited or inequitable access to resources, and weak institutional structures regulating property rights (including laws and legislation, courts and other dispute resolution mechanisms, and land administration) are debilitating factors which require sustained attention and improvement if USAID is to achieve its strategic objectives. This need is further exacerbated in the context of increasing land-based investment in developing countries, which promises economic opportunities but also presents risks to the land and resource rights of local communities.

Despite the importance of Land and Resource Governance (LRG), many countries continue to be constrained by the lack of a transparent and effective LRG system. In these countries, statutory systems of law and governance often do not protect the property rights of large segments of the population. Land governance institutions tend to be weak, under-resourced and ineffective in serving the needs of the public.

At the same time, customary and informal land tenure systems frequently provide the primary means for securing access and rights to natural resources for large segments of rural and urban peoples in the developing world. Although customary systems have adapted and persevered through generations of social, political and environmental change, and tend to be more efficient for managing land and other natural assets, they are often ignored, actively opposed, or are not recognized by state authorities and current legislation. Customary institutions, despite all their strengths, also have inherent weaknesses that need to be considered, including biases against women’s rights to land and resources and lack of capacity to engage with large-scale private and public investment.

Frequently, resource tenure challenges are the result of various underlying drivers. These drivers include: competition over scarce or valuable natural resources where the property rights are unclear or contested; policies and institutions unable to cope with swiftly moving economic and political transformations; and policies and institutions favoring certain individuals or groups.

Often, the relationships between men and women, and their roles and responsibilities with respect to household security, agricultural production, and economic growth, affect access to resources and rights to land. Over the past decades there have been increasing demands for land and natural resources to feed and fuel the growing economies of the world; or to meet resource needs for agricultural-based enterprises. Since the 2008 global food price shocks, the world has witnessed a trend in land acquisition by private companies and governments wishing to ensure access to productive agricultural land, forests and other natural assets, and by private equity firms looking for opportunities to invest. While these investments present opportunities for agricultural development, job creation, and local economic growth, they also present risks related to displacement or loss of livelihood for local communities. USAID believes a key factor to the success or failure of these investments lies in the property rights people hold in the target countries, and their ability to make informed decisions regarding transactions and investments for the property they own or have traditionally used.

C.2.2 USAID Resource Tenure Conceptual Framework

USAID views LRG as an integral and necessary part of achieving desired U.S. Foreign Policy development outcomes in numerous sectors. USAID developed a land tenure and property rights conceptual framework that guides the Agency’s work in this sector. USAID’s “Framework” defines our conceptualization of key concepts, as well as a set of tools to guide implementation of the Framework.1 USAID supports a systems approach: thinking systemically, engaging local systems holistically, and investing development resources in ways that support sustained development.

When considering USAID’s approach to LRG, the term “property rights” in land refers to the bundle of rights to use/withdraw, access, manage, and transfer land and land-based resources (including water, forests, minerals, and fisheries) that are held by individuals, communities, families, firms, and other corporate or community institutions in rural, peri-urban, urban, and coastal areas. The term, “property” may include buildings and structures (but not intellectual property). Property rights may range from private or semi-private to leasehold, community, group, shareholder, corporate, and state-held (such as for parks, reserves and other purposes).

Property rights may have both spatial and temporal dimensions, and may be differentially affected by sex, gender, race, ethnicity, class, and political and religious affiliation. These rights can be formal or customary.

1 https://www.land-links.org/tool-resource/land-tenure-and-property-rights-framework/ https://www.land-links.org/tool-resource/land-tenure-and-property-rights-framework/

“Resource governance,” “land tenure,” and “resource access” are different aspects of “property rights.”

While there is a need in every country for government to hold and manage some land (reserves, parks, public space, defense), private rights, whether individual, corporate, community, or family, have been shown to be the most robust. Private rights facilitate investment, economic growth, and more sustainable use of natural resources. Private rights can be collective in nature and do not necessarily have to be individual or corporatized. They can be administered and secured through formal systems, including land titling and registration, or through less formal systems, such as customary or “traditional” or other non-statutory systems (indigenous communities, for example).

The degree of formalization needed will depend on markets and the most appropriate sequencing for individual countries depending on cultural, political, economic, and other sensitivities.

“Formalization” can mean individualization, and land titling and registration, or it might apply to a more nuanced approach where custom or customary systems are legally recognized by statutory authority or other official government action and administered by more formal registration systems. Legally recognizing customary rights and institutions, and creating opportunities for individuals to transform these rights into statutory ones, is increasingly seen as a more effective, democratic, and efficient approach to secure property rights than a system that forces people to adopt statutory rights.

Importantly, USAID does not consider the existence of dual tenure systems (statutory, customary, or religious) operating in one country as problematic, and where appropriate, encourages continued operation of more than one system if it creates opportunities to benefit from economic opportunities and mitigates negative consequences of potential challenges brought about by social, economic, political and environmental transformation. Where dual systems exist, the challenge is not to eradicate one in favor of the other—the informal in favor of the formal—but to create effective linkages between these two systems that will provide security of property rights and allow individuals, communities, and firms to make efficient transactions and optimize economic opportunities.

While mapping, inventorying, and documenting land resources is often a prerequisite to obtaining formal or customary tenure recognition, the process could also shed light on short and long-term development needs. Technology and improved access to data could help address remaining barriers in local land documentation and management. New land data portals (such as World Resource Institute’s Landmark2) and open data initiatives (such as Open Development Mekong3) could further help clarify community land holdings and support land transparency. USAID values and supports use of appropriate and innovative technology to address LRG challenges. USAID’s E3/LU funded the development of innovative mobile technologies that help map and document land rights and resources. Mobile Applications to Secure Tenure (MAST) is a suite of tools based on crowd-sourced mobile or tablet applications that STARR II IDIQ contractors will strongly consider when enabling communities to map their land and document land rights.4

C.2.3 Economic Growth and Food Security

Broadening access to productive natural resources and securing property rights are necessary conditions for increasing agricultural productivity, achieving food security, and economic growth.

2 http://www.landmarkmap.org/ 3 https://opendevelopmentmekong.net/#!/ 4 https://www.land-links.org/tools-and-mission-resources/mobile-apps-to-secure-tenure-mast/ http://www.landmarkmap.org/ https://opendevelopmentmekong.net/#!/ https://www.land-links.org/tools-and-mission-resources/mobile-apps-to-secure-tenure-mast/

These technologies must go hand-in-hand with well-functioning markets, improved technology, and affordable access to credit and finance.

LRG is also necessary for addressing poverty and providing a safety net when markets fail, or when coping with political or environmental disasters. (See “Land Tenure and Food Security Issue Brief,” www.usaidlandtenure.net/issue-brief/land-tenure-and-food-security.)

Evidence from across the globe demonstrates the impacts of interventions that secure land tenure have on agricultural productivity, climate-smart sustainable farming practices, urban management, and economic growth, particularly where coupled with complementary investments, for example, to increase credit supply and/or adoption of sustainable land management practices.

In Ethiopia, land certification led to land productivity increases of 40-45 percent in the Tigray Region, and soil and water conservation investments rose by 30 percent in the Amhara Region5,6.

In Rwanda, the change in farmers’ soil conservation investment doubled7. In urban Peru, land rights formalization increased the labor supply by more than 50 percent8.

Although women typically control less land than men, and the land women do control is often of lower value than land controlled solely by men, gender productivity gaps typically disappear when access to land and other productive factors are addressed9. Strengthening women’s property rights is particularly crucial in areas that are acutely affected by the HIV/AIDS epidemic and where males typically migrate for work, as the absence of clear property rights can lead to costly conflict and possibly the loss of land rights for widows and other female-headed households10. In contrast, women in Tanzania with strong land rights are three times more likely to work off-farm and more likely to have higher earnings11. One of the key findings within the World Bank’s Women, Business and Law 2016 report is that children, particularly girls, benefit when women have greater access to assets through inheritance.

Private agricultural investment continues to present both opportunities and risks for individuals and communities who find themselves inside the investment’s footprint. For investors seeking to purchase, lease, or access large areas of agricultural land in developing countries, understanding the complex land tenure realities can be the difference between a failed investment and a successful, responsible one. Failing to account for or adequately compensate individuals or communities with claims to land that is slated for investment can lead to displacements or loss of livelihoods for local people and communities, and can create significant financial or reputational risks for the investors.

Holden, S. and K. Otsuka (2014) “The Roles of Land Tenure Reforms and Land Markets in the Context of Population Growth and Land Use Intensification in Africa” in Food Policy “Boserup and Beyond: Mounting Land Pressures and Development Strategies in Africa” 48 edited by T. Jayne, D. Headey and J. Chamberlin, Elsevier pp. 88-97.

6 Deininger, K., D. Ali, and T. Alemu. 2008. “Impacts of Land Certification on Tenure Security, Investment and Land Markets: Evidence from Ethiopia” World Bank Policy Research Working paper 4764 [subsequently published in Land Economics 87(2) pp. 312-34 2011].

7 Ali, D.A, K. Deininger, & M. Goldstein. 2011. “Environmental and Gender Impacts of Land Tenure Regularization in Africa: Pilot Evidence from Rwanda” World Bank Policy Research Working Paper 5765.

8 Field, E. 2007. Entitled to work: Urban Property Rights and Labor Supply in Peru. Quarterly Journal of Economics 122(4): 1561-1602.

9 World Bank. 2012. World Development Report: Gender Equality and Development. Washington, D.C.: World Bank.

10 Deininger, K. 2003. Land Policies for Growth and Poverty Reduction: A World Bank Policy Research Report.

Washington, DC: The World Bank and Oxford University Press.

11 Espinosa, D. 2014. “Secure Land Tenure: Food Security Depends on It.” Focus on Land in Africa Brief.

http://www.usaidlandtenure.net/issue-brief/land-tenure-and-food-security http://www.sciencedirect.com/science/article/pii/S0306919214000451 http://www.sciencedirect.com/science/article/pii/S0306919214000451 http://www-wds.worldbank.org/servlet/WDSContentServer/WDSP/IB/2008/10/30/000158349_20081030142221/Rendered/PDF/WPS4764.pdf http://www-wds.worldbank.org/servlet/WDSContentServer/WDSP/IB/2008/10/30/000158349_20081030142221/Rendered/PDF/WPS4764.pdf http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/2011/08/18/000158349_20110818104704/Rendered/PDF/WPS5765.pdf http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/2011/08/18/000158349_20110818104704/Rendered/PDF/WPS5765.pdf http://www.focusonland.com/fola/en/countries/brief-africa-secure-land-tenure-food-security-depends-on-it/

C.2.4 Governance, Conflict, Disaster…