WGA RFP 720278R00008 - FINAL.pdf

72027820R00008

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 140

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

X

720278

USAID/Jordan American Embassy PO Box 354 Amman, 11118, Jordan 11118

Rawia Istanbuli +96 6177 ristanbuli@usaid.gov

265-906000

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PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

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

REQ-278-20-000082

Request for Proposal (RFP) 72027820R00008 USAID/Jordan, Water Governance Activity

Table of Contents

PART I – THE SCHEDULE 6

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 6

B.1 PURPOSE 6

B.2 CONTRACT TYPE 6

B.3 TOTAL CONTRACT VALUE AND OBLIGATED AMOUNT 6

B.4 PRICE/COST SCHEDULE 6

B.5 COST REIMBURSABLE (CPFF) 7

B.6 FIXED FEE SCHEDULE 7

B.7 INDIRECT COSTS (CPFF) 7

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 9

SECTION D – PACKAGING AND MARKING 23

D.1 AIDAR 752.7009 MARKING (JAN 1993) 23

D.2 BRANDING AND MARKING POLICY 23

D.3 APPROVAL OF COMMUNICATION STRATEGY AND BRANDING IMPLEMENTATION PLAN

SECTION E – INSPECTION AND ACCEPTANCE 24

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 24

E.2 INSPECTION AND ACCEPTANCE 24

SECTION F – DELIVERIES OR PERFORMANCE 25

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 25

F.2 PERIOD OF PERFORMANCE 25

F.3 PLACE OF PERFORMANCE 25

F.4 AUTHORIZED WORK WEEK 25

F.5 KEY PERSONNEL 25

F.6 PERFORMANCE STANDARDS 27

F.7 REPORTS AND DELIVERABLES/OUTPUTS 28

F.8 COMPLIANCE WITH ADS 302.3.5.21 – SUBMISSION OF DATASETS TO THE

DEVELOPMENT DATA LIBRARY (OCT 2014) 45

F.9 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (SEPT 2013) (Class Deviation OAA-DEV-13-01c) 46

F.10 AIDAR 752.245-70 - GOVERNMENT PROPERTY—USAID REPORTING REQUIREMENTS

(OCT 2017) 47

F.11 ANNUAL SELF-REPORTING CERTIFICATION REQUIREMENTS 49

SECTION G – CONTRACT ADMINISTRATION DATA 50

G.1 AIDAR 752.7003 - DOCUMENTATION FOR PAYMENT (NOV 1998) 50

G.2 CONTRACTING OFFICER'S AUTHORITY 51

G.3 ADMINISTRATIVE CONTRACTING OFFICE 51

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 51

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 52

G.6 PAYING OFFICE 53

G.7 ACCOUNTING AND APPROPRIATION DATA 54

G.8 CONTRACTOR’S PRIMARY POINT OF CONTACT 54

G.9 ACCEPTANCE AND APPROVAL 54

SECTION H – SPECIAL CONTRACT REQUIREMENTS 55

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 55

H.2 AIDAR 752.7001 - BIOGRAPHICAL DATA (JUL 1997) 55

H.3 AIDAR 752.7013 - CONTRACTOR-MISSION RELATIONSHIPS (JUN 2018) (M/OAA-DEV-

AIDAR-18-04C) 55

H.4 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 56

H.5 EMPLOYMENT COSTS OF THIRD COUNTRY NATIONALS (TCNs) AND COOPERATING COUNTRY NATIONALS (CCNs) 57

H.6 AUTHORIZED GEOGRAPHIC CODE 57

H.7 INFORMATION TECHNOLOGY RESOURCES 57

H.8 DEFENSE BASE ACT (DBA) INSURANCE 58

H.9 ELECTRONIC PAYMENTS SYSTEM 58

H.10 LOGISTIC SUPPORT 59

H.11 CONFLICTS OF INTEREST 59

H.12 STANDARDS OF CONDUCT – IMPROPER BUSINESS PRACTICES 61

H.13 AIDAR 752.222-70 USAID DISABILITY POLICY - (DEC 2004) 62

H.14 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014) 62

H.15 GOVERNMENT PROPERTY 63

H.16 AIDAR 752.245-71 TITLE TO AND CARE OF PROPERTY 63

H.17 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 63

H.18 ENVIRONMENTAL COMPLIANCE 63

H.19 CLIMATE RISK MANAGEMENT 64

H.20 CONSENT TO SUBCONTRACT 65

H.21 PRESS AND PRESS RELATIONS 66

H.22 PROHIBITION AND ASSISTANCE TO DRUG TRAFFICKING 66

H.23 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 66

H.24 AMERICAN EMBASSY COMMUNITY SERVICE ASSOCIATION (AECSA) 66

H.25 SOVEREIGN RELATIONSHIPS 66

H.26 MEETINGS WITH GOVERNMENT OF JORDAN MINISTERS 67

H.27 CONTRACTOR’S USE OF PROJECT VEHICLES 67

H.28 ADS 547 - MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES 67

H.29 ADS 302.3.5.19 - USAID-FINANCED THIRD-PARTY WEB SITES (NOV 2017) 68

H.30 DISCLOSURE OF INFORMATION 69

H. 31 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) (DEVIATION NOs. M/OAA-DEV-FAR-20-3c and M/OAA-DEV-AIDAR-20-2c) (APRIL 2020) 70

H.32 CLOUD COMPUTING (APR 2018) 71

H.33 COUNTRY CLEARANCE 78

PART II - CONTRACT CLAUSES 79

SECTION I - CONTRACT CLAUSES 79

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 79

I.2 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 79

I.3 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 79

I.4 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 84

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 87

I.6 52.229-8 TAXES-FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 87

I.7 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 87

I.8 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007) 88

I.9 AIDAR 752.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER

AWARD (JUN 1993) 89

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 90

SECTION J - LIST OF ATTACHMENTS 90

PART IV - REPRESENTATIONS AND INSTRUCTIONS 91

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS 91

K.1 PROVISIONS INCORPORATED BY REFERENCE 91

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) 91

K.3 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 96

K.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 97

K.5 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION 100

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 101

K.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 103

K.8 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 104

K.9 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUL 2020) 105

K.10 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

K.11 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE CHANGES (APR

2005) 110

K.12 SIGNATURE 110

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 111

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 111

L.3 52.215-1 INSTRUCTION TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2017) 112

L.4 52.216-1 TYPE OF CONTRACT (APR 1984) 115

L.5 52.233-2 SERVICE OF PROTEST (SEPT 2006) 116

L.6 GENERAL INSTRUCTIONS TO OFFERORS 116

L.7 PROPOSAL SUBMISSION INSTRUCTIONS 117

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 119

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST PROPOSAL 124

L.10 INSTRUCTIONS FOR THE PREPARATION OF BRANDING IMPLEMENTATION PLAN AND

MARKING PLAN 133

L.11 SECURITY PLAN 134

L.12 WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT (AUG 13, 2020) 134

SECTION M - EVALUATION FACTORS FOR AWARD 137

M.1 GENERAL INFORMATION 137

M.2 EVALUATION CRITERIA 137

M.3 COST PROPOSAL EVALUATION 139

M.4 DETERMINATION OF THE COMPETITIVE RANGE 140

M.5 SOURCE SELECTION 140

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to obtain services as described in Section C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK, for the Water Governance Activity.

B.2 CONTRACT TYPE

This is a cost-plus-fixed-fee (CPFF) completion contract. For the consideration set forth below, the contractor must provide the deliverables or outputs described in Sections C and F in accordance with the performance standards specified in Section F and otherwise comply with all contract requirements.

B.3 TOTAL CONTRACT VALUE AND OBLIGATED AMOUNT

(a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is TBD. The fixed fee, if any, is TBD. The total estimated cost plus fixed fee, if any, is TBD.

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

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

B.4 PRICE/COST SCHEDULE

The Budget for this contract is as follows:

Contact Line Item Number

Description Amount (USD)

0001 Technical Assistance

0001a Direct Costs TBD

0001b Systems Improvement Activities-Equipment and Tools $6,900,000

0001c Indirect Costs TBD

0001d Fixed Fee TBD

Total Estimated Cost plus fixed fee* TBD

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

B.5 COST REIMBURSABLE (CPFF)

Allowable costs will be limited to reasonable, allocable, and necessary costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment, FAR 52.216-8, Fixed Fee, if applicable, and AIDAR 752.7003, Documentation for Payment.

In addition, the requirement and conditions concerning estimated cost and funding apply as detailed in FAR 52.232-22, Limitation of Funds, incorporated by reference in Section I of this contract.

B.6 FIXED FEE SCHEDULE

Payment of fixed fee will be made upon receipt of a proper invoice and shall directly correspond to the proportion of allowable costs being paid. Specifically, in accordance with FAR 52-216-8, Fixed Fee, the Contracting Officer (CO) will withhold 15% of the total fee or $100,000.00, whichever is less, until the required awards conditions under the reference clause have been met.

Two exceptions to paying fixed fee in this manner apply:

(a) If the CO 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 CO 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) The clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee" (FAR 52.216-

8) are incorporated into this contract.

B.7 INDIRECT COSTS (CPFF)

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

Description Rate Base Type Period Indirect Cost X % 1/ 1/ 1/

Indirect Cost Y % 2/ 2/ 2/ Indirect Cost Z % 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

2/Base of Application:

Type of Rate:

Period:

3/Base of Application:

Type of Rate:

Period:

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 CONTEXT

According to the World Health Organization (WHO) and the World Bank (WB), Jordan has one of the lowest levels of water resource availability per capita in the world. Jordan is also categorized as a highly water scarce country according to the Food and Agriculture Organization (FAO). Groundwater over-extraction is occurring well beyond the safe yields of the aquifers which had been declining over the years. The agricultural sector accounts for much of the water use in Jordan (45% of use attributed to irrigation).1 However, demand and competition for the limited water resources also exists from the growing industrial, municipal, and tourism sectors. In addition to the well-documented scarcity and over-extraction, Non-Revenue Water (NRW) loss percentages in the Jordanian water sector are high.

NRW represents a significant loss in revenue for the water utilities and companies; and while it is understood that reducing NRW can increase profits, it remains a difficult challenge to address.

Natural population growth and the influx of refugees have forced Jordanian utilities to act in crisis mode to meet the unexpected growing demand, which has ultimately reduced stakeholders’ ability to address systemic challenges in the sector such as NRW. Furthermore, Jordan’s major water sector governance bodies, the Ministry of Water and Irrigation (MWI) and the Jordan Valley Authority (JVA), have overlapping duties that lead to policy contradictions and inefficient resource use.

MWI is the government entity that carries out the operational functions of the water sector, including the management of water and wastewater services, operation and maintenance, and construction of large water supply and wastewater treatment facilities. MWI also manages groundwater resources for the agricultural sector, excluding the areas covered by the JVA. The Government of Jordan (GOJ), represented by MWI, has taken an active role to address institutional overlap and inefficiency through the creation of regional public water companies across Jordan. The regional water companies are meant to integrate private sector best practices, ownership and control, and act independently from MWI. In practice, however, they remain virtual arms of MWI. The utilities operate under somewhat different rules than MWI, but lack many of the tools and management systems needed to operate as commercial entities. At the same time, JVA is still leading and protecting water and land resources.

JVA supports infrastructure in the Jordan Valley in an environmentally and economically responsible manner.

The impacts of water scarcity on the state of Jordan’s national security is real and alarming. The WHO projects that Jordan will enter a state of “extreme water poverty” by 2025 and the Water Resources Institute (WRI) categorized Jordan as extremely high in water stress by 2040, should no major advancements be made by then. Within Jordan, females are the main users and managers of water at the household level, and therefore are crucial to ensuring that this precious resource is used efficiently.

With USAID’s help, the water entities are gender-sensitizing their policies, practices and programming to ensure gender equity. However, much remains to be done to ensure that both women and men enjoy equal rights and opportunities with regards to water.

1 Jordan Water Sector Facts and Figures (2017), Ministry of Water and Irrigation.

Despite the daunting challenges facing the water sector, there is a great window of opportunity. MWI is committed to achieving tangible results in NRW reduction and tariff reform, and is open to exploring opportunities for water supply in terms of improving management effectiveness, partnerships, and unconventional resources. The international community is cooperating to achieve synergistic results in water sector reform, utility performance improvement, reduction in NRW loss, and efficiency gains. MWI is committed to reform, and the GOJ has formally committed to significant reforms in the water sector in recent International Monetary Fund (IMF) agreements. The Water Governance Activity (WGA) arrives at a time when the government’s commitment and desire for performance-based reform is high, which will enable it to respond effectively to the related internal and external challenges and issues.

C.2 CHALLENGES

Jordan faces serious challenges that impede its ability to improve the country’s water security.

Severely limited water supplies coupled with rapid population growth and the influx of Syrian refugees have widened the gap between supply and demand. The GOJ is realizing that these challenges cannot be met by relying on augmenting water supply alone, but rather through adequate governance and planning which are key to sustaining the capital-intensive water and wastewater infrastructure and water conservation projects. The principles of good governance and institutional strengthening are precisely what is needed to sustainably and successfully manage water facilities and adapt to ever-mounting resource issues.

Water subsidies and the current tariff structure hinder the ability of water utilities to recover operation and maintenance costs. The situation is further aggravated with revenue fluctuations in the past few years due to the increase in energy tariffs. Another dimension to the problem is the social aspect as most water sales come from the lower three income groups. Therefore, any cost recovery efforts through tariff restructuring must be done without compromising these vulnerable populations.

Key institutional constraints including legal, regulatory and structural barriers in the water sector still exist, and require serious governmental will for reform. Institutional weakness has resulted in sector-wide, uninformed decision-making from strategic to operational levels. This has negatively impacted the effectiveness of the sector’s overall management and the efficiency of service delivery. Another factor contributing to the absence of informed decision-making is the lack of qualified expertise due to the ongoing challenge of “brain drain” caused by increasing interest among Jordanians to emigrate.

Furthermore, only 13.5% of women overall are employed in the workforce, which comprises one of the lowest rates of women’s workplace participation in the world. This is a concern for both the government and private sector who recognize that for a fully developed economy, women need to take a stronger role in participating in public life, including employment.2 Reflecting this gender-imbalance, prior to merging with MWI, the Water Authority of Jordan’s (WAJ) workforce was composed of just 12% female staff vs. 88% male.

For many years, donors, including USAID, have worked with Jordan’s water governing entities to meet the growing infrastructure requirements and challenges. In the last few years, there has been a

2 Gender Analysis and Action Plan, WMI Activity.

perceptible shift in attitude towards governance-focused interventions, which can sustain the infrastructure investments and assure the most efficient use of the available water resources. Effecting the much-needed change has been the historical objective of both the donor community and the GOJ at large. Much more needs to be accomplished if Jordan is to appreciably meet its needs to become a regional model for durable water sector sustainability and exercise judicious stewardship of this rapidly diminishing resource.

The Government of Jordan must maintain prioritized planning and funding for the water sector, as well as an enabling environment and political will in order to ensure long-term impact and sustainability. This is best demonstrated through policy and regulatory reform and enforcement, reduced and targeted subsidies and appropriate pricing structures.

The contractor will continue to coordinate and maintain close relationships with other donor organizations that are active in the water sector. This is particularly important due to the many intersections between USAID’s water portfolio andthe different German development agencies active in the Jordanian water sector, especially the German International Cooperation (GIZ). Notable areas of activity where USAID and GIZ’s portfolios coordinate intensively include the water sector institutional reform activities, the update of the Capital Investment Planning (CIP); the support of the independent water regulator; technical support to the Yarmouk Water Company (YWC); and private sector participation.

PURPOSE AND SCOPE OF PROJECT

Purpose: Support the GOJ to achieve measurable improvements and greater sustainability of the water sector by providing technical assistance to strengthen the GOJ’s reform, policy development and implementation, and capacity-building efforts.

Scope: Increase accountable, sustainable, water sector management and governance by supporting and strengthening the GOJ’s reform, policy development and implementation, and capacity-building efforts.

C.3 OBJECTIVES

To attain the below outlined overarching objectives, the contractor should contribute to the accomplishment of the following Development Objective (DO) “Jordan’s Ability to Improve its Water Security Strengthened” and it’s Intermediate Results (IRs) and sub-IRs as per the below Results Framework

Overall Objective 1: Support the GOJ to define and resolve water sector strategy and policy issues.

Overall Objective 2: Improve water entities’ performance by reducing network losses, increasing conveyance efficiencies, and improving utility cost recovery.

Cross-Cutting Objectives: Specific, cross-cutting objectives related to support to gender, youth, persons with disabilities (PWD), and private sector engagement should be defined and integrated by the contractor throughout the project. These activities will support the Country Development Cooperation Strategy (CDCS) goals, including: (1) Agency and Leadership for Women and Youth Enhanced (2) persons with disabilities: Engage persons with disabilities in the water sector at all levels, and (3) Private Sector Engagement Improved: Identifying new approaches and preparing strategies and plans to enhance and improve the private sector participation in water sector.

C.4 COMPONENTS AND TASKS

The Water Governance Activity (WGA) will address six components as described below. The contractor will be expected to work holistically with a broad range of stakeholders to strengthen in-country human and institutional capacities to increase accountable and sustainable water sector management and governance. Technical assistance will include adapting analytical tools and practices including economic analysis, sector-specific analysis, and data collection and management systems.

The contractor shall use the USAID/Jordan Water Management Initiative (WMI) 2016 Gender Analysis and Action Plan, the USAID/Jordan Gender Analysis and Assessment 2019, and other gender resources, to develop an approach to gender issues that encourages equitable participation of women and men in priority settings. The contractor shall implement with special focus to be given to increasing youth’s participation and leadership, and stimulate their inclusion in public life.

The contractor shall provide training and technical assistance for targeted private sector partners. For each component, the contractor must implement the outlined tasks. Table F-2 presents the activities, the deliverable, deliverable due dates, and method of verification standard for the entire WGA. In all components, the contractor’s approach will constitute empowering MWI and the utilities to carry out the tasks to promote these agencies’ self-reliance and institutional strength.

Private sector participation contributes directly to sustainability and longevity of governmental and donor-led initiatives. To encourage the private sector to take up an active role in the water sector, the contractor will actively advocate for its participation and engagement with the concerned governmental entities. The contractor will design the interventions in all components to allow the involvement of the private sector in project activities.

Component 1: Water Sector Governance

Sound governance is critical to achieving water security for Jordan. An enabling environment is essential to improve drinking water services, enhance water sector coordination, mobilize investment, and incentivize integrated water resources management.

To assist MWI to meet its short-term priorities driven by the commitments with the IMF, the contractor must support accompanying legal and institutional reforms that provide these activities with clarity, strength, and sustainability in the long-term.

At a utility level, reduction of water losses and increase of revenues will only have long-term impact on a company’s performance if these entities achieve advanced stages of corporatization and independence from MWI. According to international best practices, this can be achieved through an effective Assignment Agreement (AA). The AA forms a covenant between the Ministry and the utilities that requires compliance by both parties, owner and assignee, with penalties clearly specified for both non-compliance and provision for dispute resolution under law. However, in Jordan, ambiguities in the agreements, combined with a lack of compliance with the commitment per the signed AAs, and structural weaknesses in the current legal framework have resulted in failures. Since AAs are legally binding agreements that define the specific rights and assets conveyed from MWI to the corporatized utilities with associated terms and time periods, the contractor must assist the utilities in developing these critical tools to implement the water sector reforms. For locations outside the water utilities’ concessions, the contractor must assist MWI directly to develop these tools.

The contractor will cultivate a close relationship with all water-governing entities to consolidate the commitment of these entities to reform in the water sector, thereby sustaining the activities of WGA.

The contractor will be required to ensure that buy-in of these entities at all levels is acquired from the administrative levels, decision-makers and employees alike.

● Task 1.1: National Water Sector Strategy Updated. The contractor must support the GOJ to update the National Water Strategy and capital investment plans as needed. Through the provision of technical assistance, the contractor must revise this strategy/ plan and provide additions/ modifications to reflect recent developments in the water sector. The strategy shall be developed through an inclusive, intensive stakeholder consultation process to ensure the emerging needs and priorities of the sector are addressed.

● Task 1.2: Water Sector Policies Strengthened. The contractor must support the GOJ to define and resolve major water sector policy issues pertaining to management, regulatory, and technical aspects. While Result Based Action Plans (RBAP) were developed to drive implementation of existing policies, major policy issues can be resolved during implementation.

● Task 1.3: Utility Assignment Agreements (AA) and Articles of Association Developed and Modified. In cooperation with GIZ, the contractor must provide support to the Ministry by developing new and/or modifying existing AAs and Articles of Association which govern the establishment of new and existing utilities. In coordination with MWI, the contractor shall prepare new agreements with the aim of increasing utility independence and/or improving their ability to act effectively and commercially. The contractor must facilitate conferences (in person or remotely) to improve the utilities' readiness to adopt the changes affecting the AA and any other implications of these changes.

● Task 1.4: Independent Regulator Developed and Institutional Reform Established. The contractor must provide technical expertise to the GOJ for operationalizing an independent water regulator and/or water regulatory unit within a multi-sectoral regulator. The support must include developing a new legal framework that ensures independence, increased transparency, and capacity building. Institutional reform and restructuring of GOJ’s water sector institutions (MWI and JVA) and the regional water companies (Jordan Water Company (Miyahuna), Yarmouk Water Company (YWC) and Aqaba Water (AW)), will broadly encompass, but not be limited to: service areas, water law and regulatory framework, separation of governance and operational functions, and will require close collaboration with donor partners with similar interests and activities.

● Task 1.5: Planning and Donor Coordination Improved. The contractor must provide technical assistance to the GOJ in cooperation with GIZ to build capacity and efforts related to:

(i) establishing a comprehensive database for ongoing and planned projects in the water sector, with sufficient detail (i.e. name, scope, cost, year, source of funds, partners, targeted area, cost),

(ii) building a clear investment plan for water sector priorities based on the findings of the comprehensive database/for pipeline projects (point i), and (iii) support MWI in establishing a clear framework for populating the database with current information in coordination with the donor community/ partners.

● Task 1.6: Issues Management and Risk Response Plans Enhanced. The contractor must work with MWI and the water utilities to identify, document, assess, respond to, evaluate, and monitor the anticipated fiduciary risks and issues in the water sector associated with project implementation and operations to ensure holistic planning and management by all stakeholders.

The contractor will identify a suitable unit or directorate within MWI and the water utilities to absorb these functions, and build their capacity to sustain these functions.

● Task 1.7: Water Sector Booklet for Reference Documents Developed and Adopted. The contractor must support MWI, JVA, and other stakeholders to develop a water sector reference booklet that includes nation-wide design criteria, standards, specifications, and drawings for major components related to water and wastewater sector infrastructure covering design, construction, and operation phases. The contractor must develop a mechanism through which the booklet will be continuously updated by the concerned stakeholders.

● Task 1.8: Water Users Association Strengthened. The contractor must continue to support making the Water Users Association (WUA) a reality in the Jordan Valley by building on the momentum that USAID and GIZ have achieved in supporting the WUA creation process in cooperation with JVA and the Jordan Cooperatives Corporation (JCC).

● Task 1.9 Surface Water Master Plan Developed: The contractor must assess existing surface water resources and explore additional opportunities for optimum utilization of surface water resources to increase water supply and strategic reserves. For this purpose, the contractor must develop a comprehensive surface water master plan to inform decision making with regards to utilization of existing and potential surface water resources including dams. The master plan shall be developed based on updated hydrological analysis and studies. Under this task the Contractor is also required to conduct technical and financial feasibility studies for proposed options to prioritize investments.

Component 2: Water Sector Planning and Management

The Water Governance Activity shall build on many of the positive accomplishments from past and ongoing activities. The contractor must develop and refine tasks, along with their timing, based on current sector needs and progress towards meeting the overall goals and objectives of this program. The technical assistance activities carried out by the contractor will fall into a wide range of areas related to various aspects of water resources and environmental management. The contractor must prioritize activities that promote the efficient management of the limited water resources through institutional reform.

● Task 2.1: Integrated Water Resources Management of the Water Sector Enhanced. The contractor must assist MWI in reviewing the existing national master plans, frameworks, and policies that address all elements related to Water Resources Management. The contractor will support MWI in updating water sector facts and figures in the reviewed documents.

● Task 2.2: Water Quality Management Improved. The contractor must support MWI to review the existing water quality policy framework and advise MWI on needed modifications/ enhancements. The contractor must coordinate with the concerned stakeholders to streamline the collective effort towards sustainable and reliable water quality management.

● Task 2.3: Treated/Reclaimed Wastewater Effluent Management Framework Enhanced.

The contractor must leverage the GOJ’s efforts to review, develop and implement an integrated master plan for wastewater treatment and reuse. This master plan is a new legal and administrative framework for treated wastewater management to ensure efficient use in agricultural and industrial applications and reduce water theft and misuse. It is anticipated that this task will lead to reduced groundwater over-extraction and offset the beneficial use of freshwater.

● Task 2.4: Groundwater Management Framework Strengthened. The contractor must work with the GOJ to update and implement a new legal and administrative framework for groundwater management to reduce water theft and groundwater over-extraction. This effort will include key compliance and enforcement recommendations in addition to improving data management systems and practices. It will also entail strengthening the Private Wells Unit and building the capacity of its staff.

● Task 2.5: Water Sector Gender and Youth Policies Implemented. The contractor must work with MWI, JVA and water utilities to ensure proper and effective implementation of water sector gender and youth policies. In addition, the contractor will leverage and empower the Gender Unit at MWI. The contractor must continue the efforts that the USAID Water Management Initiative (WMI) Project has made in establishing the Gender Unit and in guiding the development of the Gender Policy and building consensus, capacity and awareness amongst the water sector staff on its purpose and implementation. The contractor must help the Gender Unit to liaise with the Gender Focal Points within the water sector to ensure gender and social dimensions are integrated and mainstreamed into their work. The contractor must help the Gender Unit report quarterly on gender issues, and liaise with gender focal points across the government to coordinate and collaborate on gender issues relevant to the water sector. In addition, the contractor must improve the Gender Focal Points’ ability to monitor and evaluate the implementation of the Gender Policy by collecting quantitative and qualitative data to be used for tracking relevant indicators identified in the Gender Policy.

● Task 2.6: Drought Management Measures Realized. MWI has established a Drought Management Governance Unit mandated with developing drought management response plans that entail water use efficiency measures depending on the severity of the declared drought. The contractor will strengthen the Drought Management Governance Unit’s ability to develop strategies and plans relevant to water use efficiency.

● Task 2.7: SCADA Master Plan Implemented. The contractor must coordinate with and support MWI, JVA, Water Utilities, and other stakeholders to implement the newly developed SCADA Master plan while ensuring efficient utilization of current SCADA systems. The contractor must also consider expanding the coverage of the existing SCADA to include systems up to the secondary level and suggest recommendations for optimal institutional setup for implementation. The contractor shall elicit the activities relevant to this target based on the NRW Master Plan developed in 2018.

● Task 2.8: NRW Reduction Master Plan Implemented: The contractor must support the implementation of the NRW Reduction Master Plan developed by MWI with the support from USAID in 2018. The support should include technical assistance to strengthen the capacities of the NRW units at the MWI and water utilities, in addition to implementing the NRW guidelines and procedures. The contractor must abide by the phased implementation approach proposed in the NRW reduction master plan based on the priority intervention areas of each utility, including primary systems, distribution zones and customer metering and billing. The implementation shall include enhancing the capacity of water utilities to estimate, prevent, monitor, and treat system losses.

● Task 2.9: Water Sector Ability to Manage Disease Outbreaks Leveraged: The recent global COVID-19 crisis has proven to be a challenge for many sectors. Under this task, the contractor must build the water sector’s abilities to operate under difficult outbreaks such as COVID-19, ensuring that clean drinking water is supplied to citizens during such times and that wastewater services are operational to prevent further health risks. The contractor must support the sector to develop an emergency response plan and test it with all sector actors and assess the GOJ’s ability to telework. The contractor must build the sector’s ability to represent itself to governmental authorities while enacting restrictions to ensure that its employees are considered essential workers and provide them with the required health precautions and mobility permissions, and the necessary readiness to telework.

Component 3: Water Sector Utility Performance Support

The GOJ seeks to achieve cost recovery of the water sector by increasing efficiencies, reducing costs, and increasing revenues. The sector will achieve financial viability by improving planning, management, and accountability. To assist the GOJ in attaining its goal, the contractor shall provide intensive, tailored support to the water utilities with the greatest potential for contributing to this goal and who demonstrate the biggest drive and commitment to make these changes. Direct assistance to the water utilities will be achieved with the participation of the private sector and in parallel with sector-level reform activities, as well as through activities that assist MWI in applying international best practices to improve, monitor, and benchmark utility and sector performance. WMI has supported MWI to establish a Gender Unit in place at the Ministry of Water and Irrigation and develop an action plan for mainstreaming gender equality throughout the Ministry and the different water utilities.

"Engendering Utilities" program, which promotes gender equality in energy utilities, is now opening up to the water sector as well. Under WGA, the contractor must observe and further gender mainstreaming through the Gender Unit throughout project activities.

● Task 3.1: Water Utility Service Delivery Improved. The contractor must improve the quality of the services that the utilities provide by supporting the utilities to develop and implement a plan for service delivery operations, including billing collection, debt management and customer care. Customer-oriented services will be enhanced by supporting the utilities to establish a Customer Service Center, or support an existing one, that places emphasis on customer-utility relationships. The center will address consumer complaints, help prioritize them, and identify cases of water theft and loss. The contractor must develop specific activities and solutions to address issues related to marginalized segments of the society, where the issues of NRW and bill collection are most pertinent, such as tiered pricing and pre-paid meters for example.

● Task 3.2: Water Utility Financial Performance Enhanced. The contractor must provide direct management and technical support to water utilities to implement institutional reforms and performance improvement measures to move towards commercial viability and cost recovery. This includes developing cost recovery and tariff scenarios.

● Task 3.3: Water Sector Key Performance Indicators (KPIs) Improved. The contractor must work with MWI and the water utilities to improve their annual Key Performance Indicators (KPIs) through the implementation of improved management practices, especially those related to billing and collection, human resources (HR), energy efficiency, NRW reduction, and cost recovery. The contractor must build on the existing KPI systems to ensure the system’s sustainability and effectiveness.

● Task 3.4: International Monetary Fund (IMF) Action Plan Implemented. The contractor must support the utilities in implementing the MWI’s commitments to the IMF by reducing losses in the water sector. To achieve this target, the contractor must provide technical assistance to improve management practices across the utilities thereby strengthening financial sustainability of the sector. The contractor shall work with MWI, JVA and the water utilities to assess progress toward the IMF Action Plan, develop an activity plan, and support its implementation that span requisite efforts from micro-private sector partnerships (PSP) for NRW reduction to public outreach.

● Task 3.5: Energy Efficiency Promoted. The contractor must provide management solutions and technical assistance to the water utilities to enhance the application of renewable energy and energy efficiency in the water sector by developing and implementing plans to build institutional capacity within the water-governing agencies. These plans could support the active involvement of the private sector in promoting energy efficiency in the water sector. The contractor must support the establishment of a renewable energy/ energy efficiency unit within the sector to lead the development of a master plan to support the utilities in reducing energy costs and improving cost recovery.

● Task 3.6: Private Sector Engagement Improved. The contractor must work with MWI, JVA and other stakeholders to identify new approaches and/or enhance current ones that improve private sector participation and investment in the water sector. The contractor must prepare strategies and plans at different levels and sizes, and build pilot projects and models.

Component 4: Water Conservation and Demand Management

The implementation of this component should focus on the four pillars of water demand management and conservation: regulatory, financial, technical, and education and outreach. The contractor must revise the functional activities to institutionalize and promote water demand management activities within the Jordanian context. The water utilities will lead water demand management activities, to the extent feasible, while emphasizing the sustainability of the proposed interventions.

While public education and outreach efforts have taken place over the past decades, the public remains largely unaware of the water scarcity challenges, the cost of providing water services and the specific challenges of NRW. The contractor shall achieve behavior change by targeting various water user groups to promote water efficiency and conservation methods; build support for water sector policy issues and enforcement of laws, by-laws, and codes; and advocate for increased transparency and accountability within the water sector. Working closely with USAID and its partners, the contractor shall introduce a state-of-the-art approach applicable to Jordan, to induce behavioral changes leading to increased efficiency in the use of water and facilitate policy adoption in the water sector. The contractor must sustain this behavioral change momentum by building the capacity of Jordanian institutions to design and implement educational campaigns and programs that utilize communication and social marketing principles and theories.

● Task 4.1: Utility Demand-Side Management Reinforced. In coordination with MWI, JVA and the water utilities, the contractor must develop and support the implementation of demand-side management programs linked to private sector companies and institutions and apply gender-sensitive and social inclusion principles.

● Task 4.2: Behavior Change Communication (BCC) Supported. The contractor must provide technical expertise to support the water utilities, MWI and JVA with implementation of gender-sensitive BCC strategies nationwide. The strategies should cover awareness, outreach and behavioral change on water scarcity, efficiency and conservation, and identify ways for all stakeholders to contribute.

The contractor must support the implementation of gender-sensitive outreach activities to promote water management best practices, with special focus on water efficiency and conservation. Water use efficiency and conservation programs go hand-in-hand with awareness and outreach programs. The contractor shall design public outreach activities targeting different types of customers, consumers, residential and non-residential end users. To ensure integration and sustainability, the awareness and outreach activities will be designed based on behavior change principles that are sensitive to the needs and behaviors of the different users, while building capacity and transferring knowledge to the relevant staff of water utilities and MWI.

● Task 4.3: Information Management and Knowledge Sharing Improved: The contractor must collaborate with the water governing entities in refurbishing their databases and online platforms to achieve larger knowledge sharing on national water related information and experience exchange. The contractor will support these entities in data analysis and extraction of information. The objective is to create a database that consolidates all water sector-related information in one place. This could be the base for a regional and/or global platform/ forum that is open to the public.

● Task 4.4: Ensuring that Water Efficiency related Legislation and Regulations are Applied: While various water management (i.e. efficiency and conservation) regulations exist within the Jordanian regulatory framework, many lack effective enforcement mechanisms. The contractor must work with relevant Jordanian institutions to enforce the inspection of and compliance with related regulations.

Securing approvals for pre- and post-construction activities requires obtaining permits from several entities such as the Ministry of Public Works and Housing (MoPWH), Greater Amman Municipality (GAM), other municipalities, Aqaba Special Economic Zone Area (ASEZA), Department of Lands and Survey (DLS), Jordan Engineers Association (JEA), and the Civil Defense Department (CDD). The contractor shall investigate a definitive and clear protocol to ensure water efficiency and conservation regulations are applied during pre- and post-construction activities.

● Task 4.5: Positive Market or Other Incentives are Developed. The contractor must work with the GOJ to identify and introduce market or other incentives to support compliance with reduced and efficient water use. These incentives will be modeled after best and successful practices applied in other water scarce countries around the world. These incentives must consider the Jordanian context and challenges for promoting change, including cultural, economic, and political considerations. The contractor must work closely with MWI to identify key market incentive schemes to contain agricultural groundwater abstraction (activities under this task will be coordinated closely with those under Task 2.4: Groundwater Management Framework Strengthened).

Component 5: Capacity Building

An integral part of this project is addressing the “brain drain” occurring in the water sector, primarily from MWI and JVA. The objective is to develop and implement human resources policies and procedures that increase the sector’s capacity to attract and retain human resources, and enhance their capacities, leadership skills, and job satisfaction.

● Task 5.1: Internship Program Developed and Implemented. The contractor must include a comprehensive internship program, linked to cross-cutting USAID/Jordan Mission youth and gender efforts, and focused on attracting Jordanian male and female college graduates into the public water sector.