SOL 438-11-000001 Amendment 1.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO ROJECT NO5. P. (If applicable)

One (1) 3/11/2011 REQ-438- 11-000006

6. ISSUED BY CODE 7. ADMINISTERED BY (IF OTHER THAN ITEM 6)

CODE

Office of Regional Procurement

USAID/Philippines

8/F PNB Financial Center

Pasay City, Philippines 1308

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State, and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

438-11-000001

All Offerors 9B. DATED (SEE ITEM 11)

I OA. MODIFICATION OF CONTRACT/ORDER NO.

CODE: FACILITY CODE: IOB. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

® The above numbered, solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers ® is extended q is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning One (1) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter rovided each tele ram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If Required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO., AS DESCRIBED IN ITEM 14

THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify Authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACTAq .

ORDER NO. IN ITEM I OA.

THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office,Bq .

appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43,103 (b).

THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:C

q q D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor q is NOT q is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

1. Modify the RFP closing date to March 28, 2011 at 4 p.m. Manila, Philippines local time;

2. Modify the solicitation as detailed in Attachment A to this form;

3. Incorporate responses to potential offeror questions as detailed in Attachment B to this form;

4. Provide a locally employed staff pay scale as Attachment C.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or IOA, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

Michael P. Rossman, Supervisory Contracting Officer

15B. CONTRACTOR/OFFEROR 15C. DATE 16B. UNITED STATES OF-AMERICA 16C. DATE

SIGNED SIGNED

(Signature of person authorized to sign) ignature o Contracting Officer) -

J. J J

NSN 7540-01-152-8070

a s i uAnu r univi Ju knn v. im-6.3y

Previous Edition Unusable

Prescribed by GSA FAR (48 CFR) 53.243

Business Plus Initiative SOL-438-11-000001 Amendment Number 1

March 11, 2011

Attachment A

Solicitation Modifications

1. Page one of the cover letter is amended to change the RFP closing time. Proposals are now due at 4 p.m. Manila, Philippines, local time.

2. On the Standard Form 33, block 9, replace “8 a.m.” with “4 p.m.” Accordingly, proposals must be received by 4 p.m. Manila, Philippines, local time on March 28, 2011.

3. On the Standard Form 33, block 12, replace “60” with “120.” Accordingly, offers may be accepted for 120 days from the date of receipt of proposals.

4. Solicitation Section B.4, Contract Line Items and Ceilings is deleted in its entirety and replaced with the following, “ B.4 Contract Budget and Ceilings

(a) The contract budget found in Section B.5, Budget, is based on the contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract, and which is incorporated herein by reference and made a part of this contract.

(b) Without the prior written approval of the contracting officer, the contractor may not exceed the total estimated cost set forth in the budget hereunder or the obligated amount, whichever is less.

5. Solicitation Section B.5, Estimated Cost, Fixed Fee, and Obligated Amount, is deleted in its entirety and is not replaced.

6. Sections B.6. Budget, B.7 Indirect Costs (DEC 1997), B.8 Advance Understanding on Ceiling Indirect Cost Rates and Final Reimbursement for Indirect Costs, and B.9 Reimbursable Costs, are renumbered as follows:

“Sections B.5. Budget , B.6 Indirect Costs (DEC 1997), B.7 Advance Understanding on Ceiling Indirect Cost Rates and Final Reimbursement for Indirect Costs, and B.8 Reimbursable Costs”

7. In Section C.5b, Private Sector Support, under the heading “Partnerships for Entrepreneurship and Innovation, on page 19, replace the second paragraph, which states, “It is also important for universities and research institutes to become involved in innovation and research projects.

Further research will need to be undertaken to understand the opportunities that may exist.” with, “The contractor shall seek creative ways to support entrepreneurship and innovation. The effort may range from advising and supporting GOM initiatives to coordinating and linking entrepreneurs and innovators to potential investors. Further research will need to be undertaken to understand the opportunities that may exist.”

8. In Section C.5b, Private Sector Support, under the heading “Partnerships for Entrepreneurship and Innovation, Illustrative Activities, on page 19, delete item number seven, which states, “Establish and support an entrepreneurship program in the mining, financial services or energy sectors.” And replace with, “Establish partnership and support programs for entrepreneurship and innovation.”

9. In Section C.5d, Public Outreach and Performance Monitoring and Evaluation, on page 21, delete, “and Performance Monitoring and Evaluation” from the heading. The heading now reads, “Section C.5d Public Outreach.”

10. In Section C.6, Personnel Requirements, paragraph 1, on page 21, delete the last sentence of the paragraph in its entirety as follows,” The proposed team structure and an organizational chart must be included in the proposal with the names, positions and resumes of proposed personnel.”

11. In Section E2, Inspection and Acceptance, on page 27, replace the USAID/Mongolia address with the following, “USAID/Mongolia c/o Embassy of the United States Big Ring Road 11th Microdistrict Sukhbataar District Ulaanbaatar, Mongolia”

12. In Section F.6 Key Personnel, under paragraph two, on page 29, delete the following key personnel positions in their entirety, “Title TBD TBD Title TBD TBD Title TBD TBD”

Section F.6 Key Personnel, now reads,” The key personnel proposed by the contractor are considered to be essential to the work being performed. Unless otherwise agreed to by the contracting officer, the contractor shall be responsible for providing such personnel for performance of this contract. Replacement of key personnel cannot be made by the contractor without the written consent of the contracting officer. The listing of key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add, change, or delete personnel and positions, as appropriate.

The key personnel positions which the contractor shall furnish for the performance of this contract are as follows:

Title Name Chief of Party TBD Deputy Chief of Party TBD”

13. In Section F.7 Reports, on page 29, delete the paragraph in its entirety, which states, “In addition to the requirements set forth for submission of reports in Section C and I and in AIDAR clause 752.242-70, Periodic Progress Report (OCT 2007), the contractor shall submit the following reports and outputs to the COTR specified in Section G.” and replace with the following, “In addition to the requirements set forth for submission of reports by AIDAR 752,242-70, Periodic Progress Report (OCT 2007), the contractor shall submit the following reports and outputs to the Contracting Officer’s Technical Representative (COTR) specified in Section G.”

14. In Section F.11b Final Evaluation, delete the first sentence in the first paragraph in its entirety, which states, “USAID will conduct a final independent evaluation of the project within the final quarter of the final contract performance year.” and replace with the following, “USAID will conduct a final independent evaluation of the project within the final year of contract performance.”

15. In Section H.7 Additional Requirements for Personnel Compensation, f. Replacement Staff, on page 41, add the following as a third bullet to the section, “the contractor has obtained COTR approval of the individual’s technical appropriateness to work on BPI activities.”

16. In Section H.7 Additional Requirements for Personnel Compensation, l. Work Week, (3) Short-Term Technical Assistance (STTA),on page 42, add the following sentence at the end of the paragraph, “A six-day work week is authorized for international short-term technical assistance, with no premium pay.”

17. Delete Section H.12 Government Furnished Facilities or Property, on page 44, in its entirety, and replace with the following, “H.12 Grants Under Contracts

The contractor may award one or more grants on behalf of USAID to eligible recipients to further the program, and must administer such awarded grant(s), in accordance with the requirements of USAID's Automated Directives System (ADS) Chapter 303, 22 CFR 226, 22 CFR 228, and the provisions of this contract and applicable law.

1. USAID Approval of Grantees: The contractor must coordinate with the COTR with respect to the establishment of selection criteria for grantees, such that COTR must have substantial involvement in the establishment of the selection criteria. Before awarding a proposed grant, the contractor must receive the prior written approval of the COTR, as to

(1) the identity of the proposed grantee, (2) the amount of the proposed grant, and (3) the nature of the proposed grant activities.

2. Ineligible Recipients: Without the prior written consent of the administrative contracting officer (the "Contracting Officer"), the contractor may not award any grant to: (1) any entity which is a "private voluntary organization" ("PVO") but has not registered as such with USAID; (2) any entity whose name appears on the "List of Parties Excluded from Federal Procurement and Non-Procurement Programs"; (3) any "public international organization"; (4) any governmental organization; or (5) any individual grant to a U.S.

organization that has a total value that exceeds $100,000; (6) any entity affiliated with the Contractor or any of its directors, officers or employees. In the case of an unregistered PVO which the contractor believes might be able to undertake useful grant activities to further the program, the contractor may encourage the organization to register as a PVO with USAID, provided that the contractor makes no promise, actual or implied, that the organization must thereafter receive a grant.

3. Award of Grants: Without limiting the foregoing, this section sets forth a brief overview of the contractor's grant-making responsibilities. Grant-making duties include: (1) with the participation of the COTR, establish grant eligibility and selection criteria; (2) select grant recipients in accordance with competition requirements; and (3) after securing COTR approval, negotiating and awarding grants.

4. Selection Criteria for the Program: The COTR must provide information to the contractor as to the desired objectives to be met by the grant activities to be supported through the program. The COTR may give the contractor guidance as to the estimated number of grants to be awarded (and any limitations on the dollar amounts thereof) and as to the type of organization to be targeted for assistance (e.g., health care, farmers, etc.). The COTR will have substantial involvement in the selection criteria for the grantees.

5. Form of Grant: Each grant awarded by the contractor on behalf of USAID under this contract must comply with the contractor's grants manual which must generally follow the requirements found in ADS 303, 22 CFR 226,and 22 CFR 228.

6. Term of Grants: The contractor may not award any grant for a period extending beyond the estimated termination or completion date of its contract and whose term should allow for the orderly close-out prior to the expiration date of the task order.

7. Amount of Grants: The total estimated value of the grant program is stipulated in the contract budget.

8. Funding of Grants: Advanced payment is authorized for the grants portion only of this task order.

9. Right of USAID to Supersede Contractor Decisions: Recognizing the paramount interest of the United States and USAID in grant-making, the parties agree that USAID may, in its sole discretion, supersede any decision, act or omission taken by the Contractor in respect of any grant made by it, or proposed to be made by it, hereunder.

Notwithstanding any other provision of this contract, USAID retains the right, at all times hereunder, through the Contracting Officer, to (1) dictate a different decision with respect to the award or administration of any grant; (2) rectify an omission by the contractor with respect to the award or administration of any grant; (3) take over the administration of any grant awarded hereunder; and/or (4) terminate, in whole or in part, the contractor's authorities under this contract.

10. Conflicts: In performing its duties hereunder, the contractor must scrupulously avoid any conflicts of interest. Should any conflict of interest arise, the contractor must immediately notify the Contracting Officer as to the conflict and the contractor's proposed solution for avoiding the conflict, and the contractor must follow the instructions of the Contracting Officer.

11. Records Retention: The contractor must act as custodian for USAID of all records relating to grants issued under this contract. The contractor will preserve all records with respect to its grant-making (including with respect to the deliberations of all review panels) and grant administration hereunder. Copies of all reports received from grantees will be promptly forwarded to the COTR or his/her designee. USAID and the Comptroller General must have full access to all documents, papers and others records of the contractor with respect to its duties hereunder. At the conclusion of the contract, the contractor must consult with the Contracting Officer for direction as to which records must be transferred to USAID.

18. In Section L.13, Instructions for the Preparation of the Technical Proposal, under (b) Technical Approach, at the end of first paragraph, on page 85, delete the last sentence in its entirety as follows, “The proposed approach to the project’s implementation must clearly outline links between the proposed results, conceptual approach, and performance milestones, as well as a realistic timeline for achieving the results as described in Section C.” and replace with the following, “ It must be realistic, directly relevant to the achievement of results and seek to maximize results within budget resources.”

Section L.13(b) now reads as follows, “The offeror’s technical approach must include a clear description and understanding of the conceptual approach and the general strategy (i.e., methodology and techniques) being proposed for the implementation of the major project components. The technical proposal should demonstrate responsiveness to the current Mongolian development context as described in this RFP. It must be realistic, directly relevant to the achievement of results and seek to maximize results within budget resources.”

19. In Section L.13, Instructions for the Preparation of the Technical Proposal, under (c) Qualifications of Proposed Personnel and Management Plan, at the end of paragraph four on page 85, delete the following “and technical plan information for proposed subcontractors must follow the same format as that submitted for the prime offeror.”

L.13(c),paragraph four, now reads, “Proposals shall identify all proposed partners and discuss their respective roles and responsibilities. An organization might not possess all the skills required to achieve all the results identified in this RFP; therefore, organizations may enter into partnerships with other organizations, including but not limited to non-profit indigenous Mongolian organizations, if that makes the most technical sense. Under this RFP, only one organization shall be designated to serve as the prime organization and will be responsible for the achievement of results and the implementation of the program. However, if offerors intend to utilize subcontracts, the proposals should indicate the extent intended, the method of overseeing performance, and the tasks/functions they will perform. Offerors shall state whether or not they have existing relationships with these other organizations and the nature of the relationship (e.g., subgrantee, subcontractor, partnership. etc.). The offeror must specify the technical resources and expertise of proposed subcontracting organizations.”

20. In Section L.13, Instructions for the Preparation of the Technical Proposal, under (c) Qualifications of Proposed Personnel and Management Plan, at the beginning of paragraph five on page 85, delete the following, “The offeror shall include, in an annex, resumes/CVs for all key personnel candidates, up to a total number of five.” and replace with the following, “The offeror shall include, in an annex, resumes/CVs for all key personnel candidates and other long-term technical expatriates, up to a total number of four.”

21. In Section L.13, Instructions for the Preparation of the Technical Proposal, under (e) Past Performance, on page 85, delete the first sentence as follows, “Offerors must include a complete list of all U.S. Government and/or privately funded contracts, grants, cooperative agreements, etc.

received by your organization for work of similar size and scope to that required of this solicitation performed within the last three years.” and replace with, “Offerors must include a list of up to five U.S. Government, other donor, and/or privately funded contracts, grants, cooperative agreements, etc. received by your organization, and each major subcontractor for work of similar size and scope to that required of this solicitation performed within the last three years. A major subcontractor is defined as a subcontractor named in the proposal whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee.”

Section L.13(e) now reads in its entirety, ““Offerors must include a list of five U.S. Government, other donor, and/or privately funded contracts, grants, cooperative agreements, etc. received by your organization, and each major subcontractor for work of similar size and scope to that required of this solicitation performed within the last three years. A major subcontractor is defined as a subcontractor named in the proposal whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee.”

Name of awarding organization or agency;

Address of awarding organization or agency;

Place of performance of services or program;

Award number;

Amount of award;

Term of award (begin and end dates of services/program);

Name, current telephone number, current fax number, and email address (if one is available) of a responsible technical representative of that organization or agency; and Brief description of the program.

The contracting officer may contact references and use the past performance data, along with other information to determine the offeror’s responsibility. The U.S. Government reserves the right to obtain other information to determine the offeror’s responsibility. The U.S. Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources inside or outside the U.S. Government.”

22. In Section L.16, Instructions for the Preparation of the Cost Proposal, letter (i), on page 90, delete the last sentence as follows, “In addition to the offeror, each proposed subcontractor shall complete ORCA or Section K, "Representations, Certifications, and Other Statements of Offeror", and sign and date on the last page in the space provided.” and replace with, “In addition to the offeror, each proposed major subcontractor which are defined as a subcontractors whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee, shall complete ORCA or Section K, "Representations, Certifications, and Other Statements of Offeror," and sign and date on the last page in the space provided.”

Section L.2(i) now reads in its entirety,” Per FAR 52.204-7, the Central Contractor Registration (www.CCR.gov) is the primary vendor database for the U.S. Federal Government. Since October 1, 2003, it is federally mandated that any business wishing to do business with the federal government under a FAR-based contract must be registered in CCR before being awarded a contract. In addition, vendors must maintain their CCR records annually and CCR contains a link to the Online Representations and Certifications Application (www.ORCA.gov). ORCA replaces most of the paper based Representations and Certifications (Reps and Certs) in Section K FAR 52.204-8 mandates the use of ORCA. Confirmation of CCR and ORCA registration is necessary not later than prior to any award. However, Section K may be submitted with the initial proposal, if access to ORCA is not readily available. In addition to the offeror, each proposed major subcontractor which are defined as a subcontractors whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee, shall complete ORCA or Section K, "Representations, Certifications, and Other Statements of Offeror", and sign and date on the last page in the space provided.”

23. Delete Section M.3 Technical Evaluation Criteria, on page 92 in its entirety, and replace with the following, “M.3 TECHNICAL EVALUATION CRITERIA

The government will conduct its evaluation of offerors’ technical proposals as described below:

TECHNICAL EVALUATION CRITERIA

(a) Technical Approach 35 points

(b) Qualifications of Proposed Personnel and Management Plan 40 points

(c) Institutional Capacity and Methodology 15 points

(d) Past Performance 10 points

100 points

The following evaluation criteria (1) serve as the standard against which all proposals will be evaluated; and (2) serve to identify the significant matters which offerors should address in their proposals. The criteria and subcriteria are presented below, with the major criteria, and in descending order of importance, their associated subcriteria evaluation weighting.

M.3a. Technical Approach (35 Points)

1. The degree to which the proposed implementation approach is technically and managerially sound and likely to produce results and meet the objectives of the project as described in this solicitation. It must be realistic, directly relevant to the achievement of results and seek to maximize results within budget resources. (15 Points)

2. Extent to which proposal demonstrates and understanding of the economic, political and operational challenges and opportunities in Mongolia. (10 Points)

3. The extent to which the proposal utilizes creative and innovative approaches to leverage impact, and clearly demonstrates how the proposed strategies will achieve expected results. (10 points)

M.3b Qualifications of Proposed Personnel and Management Plan (40 Points)

1. Qualifications and demonstrated ability of the chief of party to lead this project, including the ability to work constructively at senior levels of government and business. (20 points)

2. Qualifications and demonstrated ability of the deputy chief of party and other long-term specialists named by the offeror in the proposal, and the appropriateness of their experience towards meeting project milestones, targets, and goals. (10 points)

3. Quality and responsiveness of the proposed project management structure including subcontracting relationships and home office technical support, management capacity, and the integration and capacity of the local partner organizations, if any. (10 points)

M.3c Institutional Capacity and Methodology (15 points)

1. Demonstrated ability to expeditiously field a team, including local staff, to provide highest quality technical expertise while ensuring strong strategic, administrative and operational management. (5 points)

2. The offeror’s degree of success in minimizing turnover of key long-term personnel. (5 points)

3. Demonstrated organizational knowledge and capability in project management, implementation for results, accurate and timely communication and client relations, and effective control of resources. (5 points)

M.3d Past Performance (10 Points)

Performance information will be used for both the responsibility determination and best value decision. The contractor and major subcontractor(s) past performance will be evaluated. A major subcontractor is defined as a subcontractor named in the proposal whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee.

The contracting officer will utilize existing database of contractor performance information and solicit additional information from the references provided in this RFP and from other sources if and when the contracting officer finds the existing databases to be insufficient for evaluating an offeror’s performance.

USAID may use performance information obtained from other than the sources identified by the offeror/subcontractor.

If the performance information contains negative information on which the offeror has not previously been given an opportunity to comment, USAID will provide the offeror an opportunity to comment on it prior to its consideration in the evaluation, and any offeror comment will be considered with the negative performance information. USAID will initially determine the relevance of similar performance information as a predictor of probable performance under the subject requirement. USAID may give more weight to performance information that is considered more relevant and/or more current.

The contractor performance information determined to be relevant will be evaluated in accordance with the elements below:

(1) Quality of product or service, including consistency in meeting goals and targets;

(2) Cost control, including forecasting costs as well as accuracy in financial reporting;

(3) Timeliness of performance, including adherence to contract schedules and other time-sensitive project conditions, and effectiveness of home and field office management to make prompt decisions and ensure sufficient completion of tasks;

(4) Business relations, addressing the history of professional behavior and overall business-like concern for the interests of the customer, including coordination among subcontractors and developing country partners, cooperative attitude in remedying problems, and timely completion of all administrative requirements;

(5) Customer satisfaction with performance, including end user or beneficiary wherever possible;

(6) Effectiveness and retention of key personnel, including appropriateness of personnel for the job and prompt and satisfactory changes in personnel when problems with clients where identified;

(7) Prime offerors who are not small business concerns will be evaluated on their performance in using small business concerns as subcontractors, joint ventures, and in other teaming arrangements.

In instances where (a) an offeror lacks relevant performance history, or (b) information on performance is not available, then the offeror will not be evaluated favorably or unfavorably on performance. The “neutral” rating assigned to any offeror lacking relevant performance history is a score commensurate with the percentage of points received vs. possible points. Prior to assigning a “neutral” past performance rating, the contracting officer may take into account a broad range of information related to an offeror’s performance. For example, if this sub-factor is worth a possible 10 points out of a total possible point value of 100 for the technical proposal, then the offeror’s technical proposal would have a maximum of 90 possible points. If it was assigned a score of 80 points out of the 90 maximum possible points, the offeror’s technical proposal for evaluation against the offerors would be 88.89 (i.e., 80/90). The contracting officer understands that there might be minor arithmetic differences in percentage terms as a result;

however, it considers these differences to be minor and that would not impact any best value decision made under this solicitation.”

End of Attachment A

Attachment B

Responses to Potential Offeror Questions

A. Technical Questions

Q1. Section C.6 of the RFP (page 21) states “The long-term expatriates should include a chief of party and up to three other long-term expatriate technical experts. The deputy chief of party or one of the long-term local professionals should be designated as deputy chief of party.” Please confirm that a total of four (4) long-term expat positions are required for this RFP.

Two key personnel are required of this solicitation and must be named by offerors in order for proposals to be responsive. The long-term expatriates should include a key personnel chief of party and up to three, or fewer, other long-term expatriate technical experts. One of the long-term expatriate technical experts, or a long-term local professional, must be designated as a deputy chief of party, the second key personnel position.

Q2. Section L.13.c of the RFP (page 85) requires offerors to “identify areas in which short-term technical assistance (STTA) will be provided, with an illustrative estimate of level of effort for each identified local or international STTA need.” Since it is not possible to identify all STTA needs for a five-year project during proposal preparation, would USAID consider a summary of potential STTA LOE needs?

Yes, a summary of potential STTA LOE needs for each of the three objectives (implementation of business enabling policies, private sector support, and financial sector capacity deepening support) is acceptable and considered responsive.

Q3. On page 13 of the RFP, USAID states, “the contractor shall actively coordinate and where appropriate collaborate with other donors so that USAID resources can be effectively used to achieve its objectives.” Beyond the USAID projects stated on p. 11, can you please specify the relevant donor projects requiring coordination as it pertains to the

BPI SOW?

The statement is intended to encourage the contractor to incorporate effective donor coordination and collaboration into the project planning, rather than to prescribe specific donor projects with which coordination is required.

Q4. Page 13 mentions that the USAID/Mongolia strategy covering the period 2012-2016 is currently being prepared. Might at least a draft of the strategy be released and available for bidders to consult in developing their Technical Approach?

At this time, the strategy is not available for release in draft or final form.

Q5. On p. 15 of the RFP, USAID lists the numerous difficulties of doing business in Mongolia. Does USAID have priority outcomes? Can USAID indicate which of these constraints USAID considers most critical and/or most pressing?

USAID/Mongolia supports the Government of Mongolia’s development priorities outlined in section C.2b of the RFP. The constraints raised in Section C are interrelated obstacles to Mongolia’s economic growth.

Q6. Can USAID provide any numerical targets for the expected project outcomes stated in the RFP, on an intermediate and end-result basis? Does USAID have current baseline data or does it expect the contractor to collect or refine the baseline data? Also, for the stated PPP outcomes, are there any numerical targets that USAID has in mind?

The contractor is expected to collect the baseline data as part of the contractor’s performance monitoring plan (PMP), so as to provide the contracting officer’s technical representative with numerical targets for expected outcomes.

Q7. Section F – Performance Monitoring Plan Page 30, states, “The contractor shall submit a performance monitoring plan (PMP) that includes objectives, expected results and indicators.” Please kindly clarify is a PMP should be submitted with the proposal. If a PMP is required, please confirm that it can be included as an Annex.

Section F will be part of the awarded contract resulting from this competitive process. Offers must respond to the requirements of RFP Sections L and M in their proposals. Sections L and M do not require submission of a performance monitoring plan as part of a proposal. Rather, a performance monitoring plan will be required as part of contract implementation.

B. Evaluation/Proposal Preparation Questions (RFP Sections L and M)

Q1. Several prospective offers noticed a numerical discrepancy in regards to the value of the technical approach on page 92, Section M.3 Technical Evaluation Criteria.

Please note that Sections L and M have been revised to reflect a revised proposal evaluation approach. See Attachment A to solicitation amendment one for details.

Q2. On page 85, Section L.13(c), the RFP requests, “[t]he offeror must specify the technical resources and expertise of proposed subcontracting organizations, and technical plan information for proposed subcontractors must follow the same format as that submitted for the prime offeror.” Would USAID please clarify what is meant by technical plan information?

Within RFP Section L.13(c), delete the following from the end of paragraph four, “and technical plan information for proposed subcontractors must follow the same format as that submitted for the prime offeror.”

Section L.13(c), paragraph four, now states, “Proposals shall identify all proposed partners and discuss their respective roles and responsibilities. A single organization might not possess all the skills required to achieve all the results identified in this RFP; therefore, organizations may enter into partnerships with other organizations, including but not limited to non-profit indigenous Mongolian organizations, if that makes the most technical sense. Under this RFP, only one organization shall be designated to serve as the prime organization and will be responsible for the achievement of results and the implementation of the program. However, if offerors intend to utilize subcontracts, the proposals should indicate the extent intended, the method of overseeing performance, and the tasks/functions they will perform. Offerors shall state whether or not they have existing relationships with these other organizations and the nature of the relationship (e.g., subgrantee, subcontractor, partnership. etc.). The offeror must specify the technical resources and expertise of proposed subcontracting organizations.”

Q3. Section L.16.d of the RFP (page 88) states in part: “The following standard cost elements shall be included in the submission when applicable and include costs for each year. Individual subcontractors should include the same cost element breakdowns in their budgets as applicable.” Please confirm that the presentation and organization of the cost elements is illustrative and that it is acceptable for offerors to present their Cost/Business Proposal in a format that is consistent with their established accounting policies and procedures as long as the standard cost elements are reflected in the presentation.

It is acceptable for offerors to present their cost/business proposal in a format that is consistent with their established accounting policies and procedures as long as the standard cost elements are reflected in the presentation.

C. Solicitation and Business Management/Cost Questions

Q1. Several offers requested a copy of the USG Mongolia Local Compensation Plan.

The USG Mongolia Local Compensation is not a public document. However, local compensation information is provided within amendment number one to the solicitation within Attachment C.

Q2. In the spirit of local capacity building, may the requirement for section K submittal be eliminated for local subcontractors without prior USAID experience?

The contracting officer appreciates the close reading of solicitation Section L.16, Instructions on Preparation of the Cost Proposal. The requirement to provide Section K for all subcontracts is amended to include the requirement for completion of Section K by all major subcontractors. A major subcontractor is defined as a subcontractor named in the proposal whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee.

Q3. On page 85-86, Section L.13(e), the RFP instructs offerors to “include a complete list of all U.S. Government and/or privately funded contracts, grants, cooperatives, etc.

received by your organization for work of similar size and scope to that required of the solicitation performed within the last three years.” Page 93, Section M.3(d) Past Performance says “The contractor and major subcontractor(s) (defined as exceeding 10% of the proposed budget for any one contract year) past will be evaluated.” Can USAID please confirm that the list of recent projects similar in size and scope to be provided by the offeror should also include similar information from major subcontractors? Also, given that this list could be upwards of 10 pages in length for some offerors, would USAID be amenable to including it as an annex?

Section L.13(e) is modified in solicitation amendment number one. The past performance references required by this section shall be included as an appendix which does not count against proposal page limits. Five past performance references must be provided for the prime and five for each major subcontractor. A major subcontractor is defined as a subcontractor named in the proposal whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee.

Q4. Per page 85 of the RFP, section E of L.13, could the listing of past performance also include experience with other donor agencies (e.g., Asian Development Bank, World Bank, etc.)?

Yes, past performance references from other donor organizations are acceptable. Section L.13 is amended to allow this.

Q5. The RFP cover letter states that the RFP Closing Date and Time is March 28, 2011, 8 a.m. Manila, Philippines local time. Would USAID consider changing the closing time to 5 p.m. Manila, Philippines local time to provide offerors in the US EST time zone the ability to receive an immediate read and delivery receipt and contact USAID/Philippines should there be transmission problems? USAID’s flexibility and understanding regarding this matter is greatly appreciated.

Amendment number one to the solicitation changes the closing time for receipt of proposals to 4 p.m. Manila, Philippines local time on March 28, 2011.

Q6. The RFP discusses grants in various places and provides a plug figure on page 7, Section B.6 Budget. However, there is no indication other than the plug figure that grants under contract (GUC) authority will be granted. Could USAID confirm that the contract will include authorization to award GUC authority?

Through amendment number one, the solicitation is modified to include a grants under contracts authority as Section H.12, which will be included in any resulting contract.

Q7. Section H.6, Paragraph (a) (page 40) states “Direct compensation of the Contractor’s personnel will be in accordance with the Contractor’s established policies, procedures, and practices, and the cost principles applicable to this contract.” And Section H.7, Paragraph (h) on Page 41 states: “One annual salary increase (includes promotional increase) of not more than five percent may be granted after the employee’s completion of each twelve month period of satisfactory services under the contract.” If the increase/adjustment of an employee (the individual who was an employee of the Contractor prior to award of this contract) salaries on January 1st of each year is in accordance with the Contractor’s established policies, procedures, and practices, will this be allowable, provided that the Contractor only adjusts salaries once each year (twelve month period) on the same date?

In the instance of contractor employees, annual compensation increases in accordance with the contractor’s established policies, procedures, and practices are allowable.

Q8. Section L.7 of the RFP (page 82), second paragraph, states “Proposal validity period must be for 120 calendar days,” where as in block 12 of SF 33, it is stated 60 days. Please clarify.

Amendment one to the solicitation makes clear that the validity period for proposals is 120 days.

Q9. Please provide the definition of major subcontracts in terms of this RFP.

A major subcontractor is defined as a subcontractor named in the proposal whose total cost exceeds 15% of the offer’s bottom line total cost, including fixed fee.

Q10. Are the ceiling Indirect costs rates on page 7 section B.8 for the Prime contractor only, or should these ceiling rates include subcontractors?

Ceiling indirect rates should be included for all major subcontractors whose budgets include indirect costs.

Q11. Is there a prescribed format to be followed when putting together a proposal? We are familiar with World Bank and EC tenders, but not USAID and want to be sure we provide all information required. Is there a checklist on the web?

There is no prescribed format to follow in preparing proposals. Offerors should be mindful of Section L instructions in regards to proposal preparation and Section M in regards to offer evaluation.

Q12. Are we required to register with USAID prior to bidding?

Offerors are not required to register with USAID prior to bidding. Offerors should note that Section K requires a DUNS number, which must be obtained prior to offering.

Q13. Are consortia bids welcomed?

Yes, a consortium may apply as the prime offeror. The consortium must meet FAR requirements as USAID will hold one prime contracting entity responsible for contract performance. See solicitation Section L.16(g), on page 90, for information on joint ventures and partnerships.

Q14. Is a British or German registered company allowed to bid for this project?

Prime offerors must be US firms.

Q15. Page 53 of the RFP incorporates by reference FAR 52.227-14 RIGHTS IN DATA – GENERAL DEC 2007, and page 54 incorporates by reference AIDAR 752.227-14 RIGHTS IN DATA – GENERAL OCT 2007, which replaces paragraph (d) of the FAR data clause with a provision that adopts the FAR provision on release, publication, and use of data first produced or specifically used by the contractor in the performance of this contract in the United States, its territories, or Puerto Rico (emphasis added) but "For all data first produced or specifically used by the contractor in the overseas performance of this contract" (emphasis added) prohibits the contractor from releasing, reproducing, distributing, or publishing such data without the written permission of the contracting officer. It further provides that "The government also may require the contractor to assign copyright to the government or another party as circumstances warrant or as specifically stated elsewhere in the contract."

a) It is our understanding that AIDAR guidance is that the AIDAR rights in data clause is only to be used where the release or publication of data first produced in the performance of the contract may be sensitive to USG relations with the cooperating country." As it does not appear that work under this project would involve the release or publication of sensitive data, would USAID consider eliminating AIDAR 752.227-14 Rights in Data-general?

b) If the AIDAR Rights in Data-general clause remains in the contract, please clarify how it would apply to works first produced in the United States but specifically used in the overseas performance of the contract. We note that the FAR Rights in Data Clause defines data as "recorded information, regardless of form or the media on which it may be recorded." We would foresee, as one example, the possibility of creating training materials in the United States but using them in the overseas performance of the contract.

c) Please clarify how the AIDAR Rights in Data-general clause applies to existing works that may be used under the contract. We understand that such works would not be "first produced" under the contract but request clarification of the application of the clause to the extent works are "specifically used in the overseas performance of the contract."

Should this clause be read to apply only to works "first.... specifically used" under the contract, or would the clause prohibit the contractor from releasing, reproducing, distributing, or publishing existing works if it permits them to be used in the overseas performance of the contract?

Given the likelihood that data will be produced from contract activities, FAR 52.227-14 is required to mediate Government and contractor interests. AIDAR 727.409(n) is clear that if 52.227-14 is included in the contract, AIDAR 752.227-14 must also be included. During the contract period of performance, the contracting officer will make reasonable efforts to balance USAID and contractor interests in regards to data, if any, that is not first produced under the contract. As specific data issues arise, the contractor should contact the contracting officer to discuss mutually beneficially solutions.

D. Contract Implementation Questions

Q1. Section H.12, page 44 states “The Contractor and any employee or consultant of the contractor is prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the contract unless the use of Government facilities or personnel is specifically authorized in the contract or is authorized in advance, in writing, by the contracting officer.“ This would seem to preclude the subcontractor from sending participants to training at US Government facilities such as the United States Patent and Trademark Office (USPTO). Please clarify.

H.12 is an incomplete restatement of AIDAR clause 752.7008, Use of Government Facilities or Personnel (APR 1984. As AIDAR 752.7008 is included in Section I of the solicitation as a contract clause incorporated by reference, Section H.12 was removed from the solicitation and will not be included in the resulting BPI contract. AIDAR clause 752.7008 will remain in the contract as it is required for all USAID non-commercial contracts.

Training at USG facilities must be budgeted within offers at the rate charged to non-Government entities. All use of USG facilities must be approved in advance by the contracting officer.

Q2. Please specify the anticipated start date of this project?

The estimated award date is on/or about June 13, 2011

Q3. Will a six-day work-week be authorized for STTA?

Amendment number one authorizes a six-day work week for international short-term technical assistance within Section H.7(l), Work Week.

Q4. On page 32, the RFP references project mid-term evaluation and final evaluations.

Could USAID please confirm that separate funding will be used to cover the costs of the project mid-term and final evaluations and that offerors should not budget for these evaluations in their proposed cost proposals?

The mid-term and final evaluations will be independent, which is to say external, and will be contracted and funded entirely by USAID/Mongolia.

Q5. Per B.6 budget, may the contractor provide grant funding to quasi-government entities, e.g. think tanks, and government-sponsored organizations (e.g. universities), apart from “Mongolian NGOs, PVOs and other organizations with the consent of USAID/Mongolia” as indicated?

Amendment number one to the solicitation contains grants under contract language which shall be included in the contract resulting from this solicitation. Per those requirements, the contractor is to follow ADS 303 and 22 CFR 228 requirements. ADS 303 provides requirements in regards to making grants to non-governmental organizations. CFR 228.33, Foreign Government-Owned Organizations, provides guidance in regards to the eligibility of public educational organizations for financing. The contractor should consult 22 CFR 228 in regards to eligibility of think tanks as without specific information on the nature of the organization, a determination of the allowability of a grant made to a think tank under a “grants under contracts” authority is impossible to determine without specific information.

Q6. Is the Contractor expected to implement project activities outside of Ulaanbaatar? If so, does USAID have in mind a target proportion of BPI activities that should be devoted outside of Ulaanbaatar? Would USAID intend for the contractor to work at the regional, aimag, or local town levels?

There are no restrictions or targets on project activity location. BPI does not have a specific regional or geographic focus, but seeks to engage with national policies and projects to maximize reach and impact.

End of Attachment B

Attachment C

Locally Employed Staff Pay Scale in USD

Based on the US Embassy Ulaanbaatar’s locally employed…