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Request for Proposal: “Identifying key constraints and opportunities for climate adaptation in Kosovo”

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Request for Proposal (RFP ) No. ADAPT – 188-1115-001

Date of Issuance: December 20, 2023

Closing Date for Questions: January 10, 2024

Closing Date for Submission of Proposal: January 19, 2024

Subject: ARD/ ADAPT Activity Request for Proposal No.RFP#001 titled “Identifying key constraints and opportunities for climate adaptation in Kosovo

Dear Sir/ Madam,

You are kindly invited to submit a technical and financial proposal relating to ARD ADAPT Activity Request for Proposal No. RFP# 188-1115-001

  • ARD intends to issue a Firm Fixed Price subcontract for this work
  • Costs incurred by respondents for the preparation of a proposal and the negotiation of contract are not reimbursable.
  • ARD is not bound to accept any of the proposals submitted.
  • ARD reserves the right to accept an offerors proposal without further discussion.
  • ARD will only evaluate proposals from registered, qualified firms to execute and implement the work under this project.
  • Offerors are required to obtain DBA Insurance prior to commencement of any services. See the Financial Proposal Section for more information.
  • If awarded, the subcontractor must have, or be able to obtain a Unique Entity Identifier (UEI). See the Financial Proposal Section for more information.
  • The Offers must be able to complete all the items stated in the Statement of Work in Attachment A.
  • Authorized USAID Geographic Code- All goods and services offered under this solicitation or supplied under any resulting award must meet USAID Geographic Code 937in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228. Offerors may not offer or supply any commodities or services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea, (North) Sudan, Syria.
  • Offerors MUST NOT provide any goods and/or services that utilize telecommunications and video surveillance products from the following companies: Kaspersky Labs, Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, or any subsidiary or affiliate thereof, in compliance with FAR 52.204-25.
  • If applicable, FAR 52.223-99 (Ensuring Adequate COVID-19 Safety Protocols) will be incorporated into any award(s) issued under this solicitation

Please note that in submitting a response to this RFP, the Offeror understands that USAID is not a party to this solicitation and the Offeror agrees that any protest hereunder must be presented – in writing with full explanation – to ARD for consideration as USAID will not consider protests regarding procurements carried out by implementing partners. ARD, at its sole discretion, will make a final decision on the protest for this procurement.

Questions:

All questions and inquiries related to this request must be submitted prior to the Closing Date for questions shown above for this RFP. All “Offerors” must submit their questions to ARD via the below email address: [email protected]

The subject line should have: “Questions for RFP#188-1115-001

In compliance with standard procedure, all inquiries and comments will be shared with the rest of the Offerors along with ARD’s response. Questions received after the closing date for questions may not be answered.

Proposal Submittal requirements:

  • Proposals shall be submitted via e-mail
  • The Subject line of the email should read: “Proposal for RFP#188-1115-001
  • Proposals received after the exact time specified for receipts of offer shall be considered late and will be considered only at the discretion of ARD.

Respondents shall receive an email acknowledging that their Proposal has been received upon its submission.

Proposal Instructions and Required Format

It is requested that Offerors organize their Technical and Financial Proposals as noted below. This request is made to facilitate ARD’s review of the submitted material thus enabling a rapid decision and contracting process.

The Offeror shall submit its best price offer/proposal to complete the Statement of Work (SOW) in Attachment A and shall contain the following information detailed in Sections 1 thru 4 below:

Proposal Cover Letter:

The proposal cover letter should be signed by an authorized representative.

Technical Proposal:

The technical proposal must be written in English There should be a maximum of 8 type-written pages (excluding Attachments/supporting documents), with no more than 3 pages covering A. Firm Information and B. Corporate Capabilities and Past Performance. (Desired Format - Type: Times New Roman, Font Size 11, Margins: 1” all around).

The technical proposal shall address the subjects outlined below:

A. Firm Information

  • Provide the name, address and copy of your firm’s business registration.
  • Provide the primary contact information for this project.
  • If you intend to subcontract any portion of the requested work to other firms or institutions, provide the above information for each partner and the percentage of the work that they will be performing.
  • Please describe your firm’s management structure, list all owners.

B. Corporate Capabilities and Past Performance

i. Summary of Corporate Capabilities.

ii. Summary of relevant past experience your firm has had in performing work similar to that described in Attachment A. Statement of Work.

iii. Performance references for similar projects.
For each project, please include the name of the client and his or her contact information (current and most recent information required, within the last three years). It is ARD’s intention to contact some of these clients for testimonials regarding your firm’s performance in these areas:
- The quality of the work performed by the Offeror,
- The timeliness of the effort performed by the Offeror, and
- Whether the Client would use Offeror’s services should they have similar needs in the future?

C. Technical Approach
i. Please submit a detailed technical write-up of the proposed implementation strategy and management for this s specific project detailed in Attachment A.
ii. An excel timeline, Gantt chart, or similar should be included, listing critical activities and tasks as part of a feasible and implementable over 9 (nine) weeks.
iii. Identify the Key Personnel that would be working on this project assuming an award. Key personnel should include at least one expert in climate resilience or environmental sustainability, and at least one expert with significant experience in constraints analyses or sector assessments. Please include a brief statement about their capabilities and experience. CVs should be provided and do not count against the page limit. CVs must not be longer than five pages, with work experience in chronological order (most recent presented first). The Offeror should also provide an organizational chart showing all staff that will be mobilized for this project and depict the chain of command between positions, and how positions relate to each other. The organizational chart does not count against the page limit.

Financial Proposal

The Offeror’s proposed Financial proposal must represent its best price offer in response to the solicitation, and shall contain the following:
A. Budget. Offerors must use budget template in Attachment B.
B. Budget narrative. A detailed narrative describing the basis on which the costs were derived should be provided to allow a complete analysis of the Offeror’s cost/price.

DBA Insurance: Please note, in accordance with USAID regulations, Offerors should budget for worker’s compensation insurance with USAID’s approved DBA insurance provider – Starr Indemnity & Liability Insurance. Details and pricing for DBA insurance can be found here: Defense Base Act (starr.com). Offerors are requested to please include in the budget a line under ODCs for DBA insurance for budgeted staff (long and short term), and may include the costs of the wire transfer payment. As a reminder, DBA insurance is only applied as a percentage of an individual’s actual base salary, not as a percentage of the fully burdened fixed daily rate.

Additionally, please note that the selected Offeror will need to ensure that a DBA insurance policy is obtained from Starr Indemnity & Liability Insurance.. The first deliverable of any awarded subcontract will be submission of documentation verifying that DBA insurance is in place.

Taxes and VAT:

The agreement under which this solicitation is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in Kosovo. No such taxes, VAT, charges, tariffs, duties or levies will be paid under an order resulting from this RFP.

Required Certifications

Offeror shall submit the required signed certifications as indicated in Attachment D.

List of RFP Attachments:

Attachment A: Statement of Work

Attachment B: Budget Template

Attachment C: Proposal Evaluation Criteria

Attachment D: Required Certifications

Attachment (A)

Statement of Work

Project Name:

Kosovo ADAPT Activity

SOW Title:

Identifying key constraints and opportunities for climate adaptation in Kosovo

1.0 Background

Despite global action to reduce emissions, the impacts of climate change will continue to increase over the coming decades due to past emissions of greenhouse gases. Adaptation is a critical component of the long-term response to climate change. Kosovo is actively pursuing an ambitious strategy to decrease its greenhouse gas (GHG) emissions and enhance its resilience to the effects of climate change. As noted in the Kosovo Climate Change Strategy (2019-2028), the impact of climate change is already evident in Kosovo, posing threats to the environment, human health, and the economy. Communities are increasingly grappling with challenges such as weather-related damage to homes, businesses, and agriculture. It is imperative to take proactive measures to address climate change, safeguard the environment, build a low-carbon and competitive economy, and formulate adaptation plans that empower communities to confront the challenges of climate change.

However, considerable challenges remain in implementing Kosovo’s climate strategy. Key Government of Kosovo (GoK) stakeholders lack the institutional capacity to develop the full legislative framework required for climate action. In addition, there is insufficient coordination between national and local institutional stakeholders. Public awareness of climate risks and their impacts on various aspects such as livelihoods, health, infrastructure, and economic growth is still nascent. Key economic sectors like agriculture, forestry, and industry remain susceptible to growing climate risks, with a limited understanding of suitable measures to mitigate these risks. The intersection of these challenges amid environmental degradation, escalating climate disasters like forest fires and droughts, and a shortage of funds to address these issues poses a threat to economic sustainability and resilience in Kosovo.

In October 2023, the United States Agency for International Development (USAID) awarded ARD the Kosovo Adapt Activity (Adapt) as a five-year program (October 2023 – October 2028) that will increase public and private sector awareness and demand for climate-smart initiatives and improve Kosovo’s capacity to adopt and implement policies and technologies that support climate change mitigation and adaptation. The Activity will identify ways that allow the public, GoK, and private sectors to contribute jointly to climate change mitigation and adaptation results, and to help communities adapt to and prepare for climate impacts while growing in a more sustainable and equitable way. This activity will also mobilize the private sector to advocate for and lead in combating the effects of climate change by establishing climate-smart interventions that create synergies between adaptation and mitigation measures.

The purpose of this Scope of Work (SOW) is to outline the responsibilities, deliverables, and expectations for a consulting firm tasked with identifying key constraints that impede the implementation of climate adaptation measures in Kosovo. The consulting firm should also identify existing adaptation measures, both in the enabling environment and in specific sectors including but not limited to:

  • Agriculture;
  • Forestry;
  • Manufacturing;
  • Transportation;
  • Urban and peri-urban planning and infrastructure, including municipal wate;
  • Water.

2.0 Objective/Purpose of the SOW

The objective of this assignment is to:

  1. Identify key constraints that impede the implementation of climate adaptation measures in Kosovo, as well as adaptation opportunities (enablers).
  2. Help prioritize sectors for the USAID Kosovo Adapt Activity to support climate adaptation, based on sector vulnerability, potential impacts, co-benefits, stakeholder input, and other relevant factors.

3.0 Scope of Work/Activities/Tasks

Working closely with USAID Kosovo Adapt activity staff, the consulting firm will:

  1. Gather data and assess sectoral vulnerability: Collect/collate relevant literature, primarily via desktop analysis, on climate projections, vulnerability assessments, and existing adaptation efforts. This data can include climate models, socio-economic data, infrastructure information, and historical climate records. Present a high-level summary vulnerability assessment for each sector.
  2. Identify constraints based on desktop analysis: Analyze and review the strategy documents and identify constraints that hinder effective climate adaptation in Kosovo. These constraints can be physical, financial, institutional, or social in nature. Examples may include limited funding, lack of awareness, inadequate infrastructure, or conflicting policies.
  3. Validate and prioritize constraints with stakeholders: Validate and prioritize the identified constraints based on their severity, impact, and feasibility of addressing them in the short to medium term. This should be done using focus group meetings with key stakeholders, utilizing the Delphi (or similar) method, and supplemented by expert consultations and quantitative assessments. The Adapt Activity team will provide the list of key stakeholders to the vendor.
  4. Identify existing adaptation measures: Identify existing measures to address the list of constraints and recommend climate adaptation opportunities based on focus group discussions with key stakeholders and other qualitative assessments. The identified measures should be context-specific and consider the unique challenges and opportunities in Kosovo.
  5. Determine the co-benefits: Identify potential co-benefits that may arise from additional climate adaptation actions in each sector. For example, certain adaptation measures in agriculture may also contribute to water conservation or biodiversity conservation. Consider the synergies between sectors and prioritize those that offer multiple benefits.
  6. Recommend priority sectors: Develop a set of criteria to prioritize sectors based on their vulnerability, potential impacts, co-benefits, stakeholder input, and other relevant factors. Assign weights to each criterion based on their relative importance and rank the sectors accordingly. This can be done through expert judgment, stakeholder consultations, or quantitative assessments. Consider the trade-offs and uncertainties associated with each sector.
  7. Develop a final report covering items 1-6 above.

4.0 Deliverables and Due Dates

Key DeliverablesDeliverable Due Date
1. Rapid vulnerability assessment2 weeks after award
2. Identified key constraints based on desk-top analysis3 weeks after award
3. Validated and prioritized list of constraints based following stakeholder input5 weeks after award
4. Identified existing adaptation measures5 weeks after award
5. Co-benefits of strategies identified6 weeks after award
6. Sector prioritization list produced7 weeks after award
7. Submit draft report8 weeks after award
8. Submit final report9 weeks after award

Note that all deliverables should be provided in English.

Note: USAID Adapt Technical staff will be available to coordinate and assist with the tasks and interventions stated in SOW. The consulting firm should discuss with Adapt staff prior to establishing relevant sector stakeholder meetings and focus groups, to avoid duplication of effort.

Attachment (B)

Budget

Include as an Excel Spreadsheet (Download here)

BUDGET
DIRECT LABOR
Days
PositionNameRate(Basis)Total
-
-
-
-
-
Total Direct Labor -
TRAVEL, TRANSPORTATION and PER DIEM
Description RateUnits
(Basis)
Total
-
-
-
-
-
Total Travel, Transportation & Per Diem -
OTHER DIRECT COSTS
Description RateUnits
(Basis)
Total
DBA Insurance

.75% of actual salaries (exclusive of fringe benefits)

Offerors may include cost of wire for DBA insurance payment

-
-
-
Total Other Direct Costs -
Fee
-
Total Fee -
TOTAL COSTS $ -

Attachment (C)

Proposal Evaluation Criteria

Offeror’s response to RFP requirements will be scored based on the below criteria:

Technical Proposal Evaluation Criteria:Maximum Points
5
Part A - Firm Information (Maximum 5 Points).
Part B - Corporate Capabilities and Past Performance (Maximum 15 Points)
a. Relevant Corporate Capabilities5
b. Does the Offeror have quality and relevant past experience performing this type of work?10
Part C - Technical Approach (Maximum 50 Points)

5

a. Reasonableness of Offeror’s approach to complete Activities 1 and 2.
b. Reasonableness of Offeror’s approach to complete Activity 3 and 4.5
c. Reasonableness of Offeror’s approach to complete Activity 5 and 6.5
d. Reasonableness of Offerors approach to complete Activity 7.5
e. Feasibility of Offeror’s proposed implementation timeline.5
f. Are the skills and experience of the proposed Key Personnel applicable to the work to be performed under the Statement of Work?25
Technical Proposal Evaluation Scoring - Possible Total Score 7070
Financial Proposal Evaluation Criteria:Maximum Points
Cost Effectiveness (Maximum 30 points)
a. Comparison with Internal Cost Estimate:7
b. Comparison to other bidders’ proposals (lowest price ranked maximum points, and then dreaded on a percentage basis downward)15
c. Cost realism: feasibility, reasonableness, completeness and allocability?8
Financial Proposal Evaluation Scoring - Possible Total Score 3030
Possible Total Score - 100100

Attachment (D)

Certifications

  1. CERTIFICATION REGARDING RESPONSIBILITY MATTERS.

FAR Reference 52.209-5.

As prescribed in 9.104-7(a), insert the following provision:

Certification Regarding Responsibility Matters (AUG 2020)

a) (1) The Offeror certifies, to the best of its knowledge and belief, that –

(i) The Offeror and/or any of its Principals –

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(D) Have not within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with determination of the Offeror's: responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Contractor non responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

2. KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG TRAFFICKING

22 CFR Part 140, Prohibition on Assistance to Drug Traffickers.

Note: This certification shall be filled by any key person proposed in the project.

I hereby certify that within the last ten years:

1. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States or any other country concerning narcotic or psychotropic drugs or other controlled substances.

2. I am not and have not been an illicit trafficker in any such drug or controlled substance.

3. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such drug or substance.

NOTICE:

  1. You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These regulations were issued by the Department of State and require that certain key individuals of organizations must sign this Certification.
  2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C. 1001.

3. A false certification from a key person involved in the project, shall result in the termination of his/her contract with the operator.

3. CERTIFICATION REGARDING TERRORIST FINANCING

Implementation of Executive Order 13224

Certification Regarding Terrorist Financing, Implementing Executive Order 13224

(a) The Recipient, to the best of its current knowledge, did not provide, within the previous ten years, and will take all reasonable steps to ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph (c).

(b) The following steps may enable the Recipient to comply with its obligations under paragraph (a)

(1) Before providing any material support or resources to an individual or entity, the Recipient will verify that the individual or entity does not (i) appear on the master list of Specially Designated Nationals and Blocked Persons, which list is maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and is available online at OFAC’s website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Recipient.

(2) Before providing any material support or resources to an individual or entity, the Recipient also will verify that the individual or entity has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al Qaida Organization]. To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Recipient should refer to the consolidated list available online at the Committee’s website: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.

(3) Before providing any material support or resources to an individual or entity, the Recipient will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware.

(4) The Recipient also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity.

(c) For purposes of this Certification-

(1) “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”

(2) “Terrorist act” means-

(i) an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: http://untreaty.un.org/English/Terrorism.asp); or

(ii) an act of premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; or

(iii) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.

(3) “Entity” means a partnership, association, corporation, or other organization, group or subgroup.

(4) References in this Certification to the provision of material support and resources shall not be deemed to include the furnishing of USAID funds or USAID-financed commodities to the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care, micro-enterprise loans, shelter, etc., unless the Recipient has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.

(5) The Recipient’s obligations under paragraph (a) are not applicable to the procurement of goods and/or services by the Recipient that are acquired in the ordinary course of business through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless the Recipient has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.

This certification is an express term and condition of the agreement and any violation of it shall be grounds for unilateral termination of the agreement by USAID prior to the end of its term.”

4. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS.

FAR Reference 52.203-11. As prescribed in 3.808(a), insert the following provision:

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

5. ACKNOWLEDGEMENT OF ETHICAL AND BUSINESS CONDUCT REQUIREMENTS

ARD is committed to integrity in procurement and subcontracting, and only selects offerors based on objective business criteria such as price and technical merit.

ARD does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General.

Employees and agents of ARD are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential offerors in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, ARD will inform USAID and the Office of the Inspector General of any supplier offers of money, fee, commission, credit, gift, gratuity, object of value, or compensation to obtain business.

Offerors responding to this RFP certify that by submitting a proposal, they:

i. Have disclosed any close, familial, or financial relationships with ARD or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this.

ii. Have disclosed any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s father owns a company that is submitting another proposal, the offeror must state this.

iii. Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.

iv. Certify that all information in the proposal and all supporting documentation are authentic and accurate.

v. Certify understanding and agreement to ARD’s prohibitions against fraud, bribery and kickbacks.

Please contact [email protected] or [email protected] with any questions or concerns regarding the above information or to report any potential violations.

SIGNATURE

By signature hereon, or on an offer incorporating these Representations, Certifications, and Other Statements of Offerors, the Contractor certifies that they are accurate, current, and complete, and that the Contractor is aware of the penalty prescribed in 18 U.S.C. 1001 for making false statements in offers.

By signing below the subcontractor provides certifications for:

  1. Certification Regarding Responsibility Matters - AUG 2020. (FAR Reference 52.209-5),
  2. Prohibition on Assistance to Drug Traffickers. (22 CFR Part 140),
  3. Certification Regarding Terrorist Financing. (Implementation of Executive Order 13224),
  4. Certification and Disclosure Regarding Payments to influence Certain Federal Transactions - SEP 2007 (FAR Reference 52.203-11).

5. Acknowledgement of Ethics and Business Conduct Requirements

RFP # and RFP Title: Request for Proposal No.RFP#001 titled “Identifying key constraints and opportunities for climate adaptation in Kosovo”

Firm or Organization Name: ___________________________________________________

Name and Title: ____________________________________________________________

Signature: ____________________________ Date: ______________________

This entire Attachment D must be signed by Offeror and returned as part of the proposal submission.