Amendment 3 - Attachment J.1 - PHASE II SECTION L&M.pdf

Water and Development II (WADI II) RFP 7200AA21R00041-Amendment #3

ATTACHMENT J.1

SECTION L - PHASE II INSTRUCTIONS, CONDITIONS, AND NOTICES

TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. Upon request, the Contracting Officer will make the full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Full text of the FAR clauses is available at https://www.acquisition.gov/far/ and full text of the AIDAR clauses is available at http://www.usaid.gov/ads/policy/300/aidar and http://www.usaid.gov/ads/policy/300/300.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE

ACQUISITION

INSTRUCTIONS TO OFFERORS – COMPETITIVE

ACQUISITION - ALTERNATE I

JAN 2017

OCT 1997

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT OCT 1997

52.215-16 FACILITIES CAPITAL COST OF MONEY JUNE 2003

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES—

IDENTIFICATION OF SUBCONTRACT EFFORT

OCT 2009

52.216-27 SINGLE OR MULTIPLE AWARDS OCT 1995

L.2 PHASE II GENERAL INSTRUCTIONS

(a) Multiple Award: The U. S. Government anticipates awarding approximately eight (8)

IDIQ contracts, of which up to three (3) may be reserved for small business concerns as a result of this solicitation. The Agency reserves the right to award more or less awards than the anticipated number of contracts stated above. The Agency also reserves the right not to make any award.

(b) RFP Instructions: If an Offeror does not follow the instructions set forth herein including Section L & M for Phase II, the Offeror's proposal may be eliminated from further consideration for the award. Proposals must respond directly to the terms, conditions, specifications and provisions of this RFP. Proposals not conforming to this RFP will be determined as non-responsive, thereby eliminating them from further consideration.

(c) Accurate and Complete Information: An Offeror must set forth full, accurate and complete information as required by this RFP. The penalty for making false statements to the Government is prescribed in 18 U.S.C. 1001.

(d) Pre-award Survey: USAID reserves the right to perform a pre-award survey which may include, but is not limited to: (1) Offeror’s ability to perform the Contract duties under the program conditions; (2) a review of the Offeror’s financial condition, business and personnel procedures, etc.; and (3) site visits to the Offeror’s facilities.

(e) Offer Acceptability: The Government may determine an offer to be unacceptable if the offer does not comply with all of the terms and conditions of the RFP and prospective Contract:

(1) Completion of Standard Form 33, Blocks 12 through 18;

(2) Submission of proposed costs/prices and indirect cost information as required by

Section B and Attachment J.1 (Phase II) of this RFP;

(3) Completion of electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as well as any other "Representations, Certifications, and Other Statements of Offerors" in Section K; and

(4) Submission of information required by Attachment J.1 (Phase II) or any other section of this RFP. The submission of these items in accordance with these instructions will, if the Government accepts the offer, contractually bind the Government and the successful Offeror to the terms and conditions of the prospective Contract. Offerors will follow the instructions contained in this RFP and supply all information and signature/certifications, as required.

(f) Proposal Preparation Costs: The U.S. Government will not pay for any proposal preparation costs.

(g) Questions: All questions and requests for clarification must be addressed to the Contracting Officer, sent to the e-mail address provided on the cover letter, by the date and time as indicated on the same. Phone calls will not be accepted.

(h) Offer Validity: Offerors are required to indicate the duration of the validity of their offer in box 12 of the submitted SF 33 Form. USAID requires 180 days of validity from the date the offer is submitted to allow sufficient time to evaluate proposals and complete negotiations.

(i) Phase II Solicitation Conditions: Technical Evaluation Ratings of Phase I will be carried over to Phase II for the overall evaluation of proposals. At Phase II, offerors must submit the remaining Technical Volume and Cost Volume as described herein by the date/time in the cover letter of the RFP.

L.3 FAR 52.233-2 SERVICE OF PROTEST

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Ms. Rachel Baltes Contracting Officer E-mail: wadi2idiq@usaid.gov

U.S. Agency for International Development Office of Acquisition and Assistance M/OAA/RFS, USAID Annex 1300 Pennsylvania Avenue, NW

Washington, DC 20523-7900

REF: RFP Number: 7200AA21R00041 RFP Title: Water and Development II (WADI II)

(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO. Protests must also be submitted to USAID’s Assistant General Counsel, at the following address:

Mr. William Buckhold Assistant General Counsel US Agency for International Development

Office of General Counsel wbuckhold@usaid.gov

L.4 PHASE II SUBMISSION INSTRUCTIONS

(a) Closing Date and Time: All submissions in response to this RFP are due as stated in the RFP cover letter and as communicated via the Notification letter.

(b) The Offeror will submit proposals electronically only.

(c) The information requested below must be clearly marked on the subject line with the following information:

(email # of #) RFP No.: 7200AA21R00041, USAID WADI II Phase II mailto:wadi2idiq@usaid.gov mailto:wbuckhold@usaid.gov mailto:wbuckhold@usaid.gov

(d) Electronic Submission:

● All submissions must be sent to the email address identified on the cover page. Electronic submission must be:

o In Adobe Acrobat PDF for Volume I - Technical Proposal

▪ Electronic proposal will be submitted addressing evaluation Factors 2, 3 and 4 only.

o In Adobe Acrobat PDF, Microsoft Excel and Word (2003 version or newer) for Volume II – Cost/Business Proposal

▪ Cost/Business Proposal will only be submitted during Phase II. Microsoft

Excel only applies to the budget and USAID requires a word version of the budget narrative. All calculations and formulas must be visible and unlocked. Furthermore, there will be no password protected cells or spreadsheets.

▪ While there is no page limit, the Offerors are encouraged to be as concise as possible, but still provide the necessary detail to address the solicitation requirement.

o Submissions per e-mail should not exceed 25MB in total file/data size.

o All electronic files must be unzipped.

o All attachments/electronic contents must be formatted to print on 8.5 by 11 inch or A4 size paper, single spaced, with 12-point font, Times New Roman with one-inch margins on all sides. Number each page consecutively. Those pages that exceed the page limitation will not be evaluated. If proposals contain graphics, tables and charts or text boxes must be in no less than 10-point font, as to not unduly interfere with readability.

o The Contracting Officer reserves the right to request any submission material in

MS Word/Excel (software versions 2003 or newer), if applicable.

L.5 INSTRUCTIONS FOR THE PREPARATION OF PHASE II– TECHNICAL

PROPOSAL

Phase II – Submission Format (not to exceed 12 pages)

1) Cover Letter (1-2 pages)

2) Executive Summary

3) Table of Contents

4) Acronym List

5) Phase II Technical Proposal

a) Technical Understanding and Approach

b) Management Capability

c) Contractor Past Performance Information

6) Annexes: (do not count against page limit)

a) Branding Implementation and Marking Plan

b) Organizational Chart(s)/Organograms - maximum three (3) page limit

c) Contractor’s Past Performance Information - no page limit

d) Proposed IDIQ Manager’s resume, references, and commitment letter

Not included in this page limitation are the following:

• Cover Letter

• Executive Summary

• Table of Contents

• Acronym list

• Other requested annexes (see below, including page limits where specified)

All information from annexes must be referenced or summarized in the technical proposal.

L.5.1 Cover Letter

Include the offeror’s name submitting the proposal and the organization’s DUNS number. Major subcontractors (hereafter referred to as “subs”) must be clearly identified, along with their DUNS numbers; (Major subs are defined as those expected to perform at least 20 percent or a prominent part of the technical effort.) Include a contact person for the proposal, including his/her name (both typed and signed), title or position with the organization, address, telephone, and email address. Also state whether the contact person is the person with authority to Contract for the Offeror, and if not, that person should also be clearly identified.

NOTE: If the offeror does not have a DUNS number, USAID recommends that they begin the registration process via http://fedgov.dnb.com/webform, and ensure they are registered System for Award Management (SAM) at http://www.sam.gov. No award can be made without proper registration within this system.

L.5.2 Phase II Technical Proposal

In Phase II, the offeror must submit a technical proposal in response to the remaining evaluation factors 2, 3 and 4.

L.5.2(a) Factor 2: Technical Understanding and Approach [See Section M.2.3(a)]

The Offeror must provide the following to demonstrate its technical capability to perform the services set forth in Section C and to align with the U.S. Global Water Strategy and USAID’s Water and Development Plan:

Sub-factor 2.1: Offerors must describe its approach and understanding —to effectively and efficiently provide the technical expertise required in Section C. The Offeror must describe their http://fedgov.dnb.com/webform http://www.sam.gov/ plan for incorporating innovative solutions, developing local capacity, promoting sustainability and overcoming barriers that limit progress in the WASH and WRM sectors.

L.5.2(b) Factor 3: Management Capacity [See Section M.2.3(b)]

The Offeror must provide a detailed management plan that will be followed during the performance period of the IDIQ. The Offeror's management plan must include:

Subfactor 3.1: IDIQ Manager: The Offeror must describe how the proposed IDIQ Manager meets or exceeds the minimum qualifications outlined in Section C.6 of the IDIQ. The offeror must submit a complete and current resume for the proposed IDIQ Manager and three (3) references with contact information (from individuals not employed by the Prime/Subcontractors). The Offeror must include the proposed IDIQ Manager’s resume, references, and a commitment letter.

Subfactor 3.2: Management Structure: Describe the management structure, including the defined functions and management and decision-making authorities of the IDIQ Manager. Describe the lines of responsibility and communication channels through which tasks will be managed, and the procedures and to identify and resolve problems. If an Offeror proposes a consortium approach, the Offeror must describe the formal relationship between/among firms with differing capabilities required to meet the requirements set forth in Section C. Offerors must include an organizational chart as an annex.

L.5.2(c) Factor 4: Contractor Past Performance Information (no page limitation) [See

Section M.2.3(c)]

(a) The Offeror (including all partners of a consortium/joint venture) must provide performance information for itself, the contractors teaming arrangements, if any, and each major subcontractor (“major subcontractors” are those expected to perform at least 20 percent or a prominent part of the technical effort in accordance with this section. The Offeror may include required information in Annex C, but it must summarize past performance information in this section of the Technical Proposal:

(1) Utilizing the Past Performance Matrix in Attachment J.2, the offeror is to list the most recent (within the past five years) and relevant contracts or assistance awards for efforts which are similar to the work in the subject proposal. The offeror must list up to three (3) for itself and up to an additional three (3) for each major subcontractor. The most relevant indicators of performance are contracts of similar scope and size and requiring similar provision of services, similar technical complexity, and similarly challenging places of performance. Once an Offeror’s proposal is received, reference checks may be undertaken at any time. USAID may also obtain and consider past performance information from sources other than the Offeror.

(i) For all contracts listed above that are in CPARS, the offeror will attach the official CPARS report(s). Offerors must not submit past performance for contracts in CPARS. Attachment J.3 (Contractor Past Performance Reference

Sheet) is not to be utilized for Past Performance information that is already accessible in CPARS.

(ii) For all contracts that are not in CPARS and relevant assistance awards listed above, the Contractor Past Performance Reference Sheet [Attachment J.3] must be utilized in collecting the performance information. USAID recommends that the Offeror alerts these references that their names have been submitted and that they are authorized to provide performance information concerning the listed contracts if USAID requests this information.

(b) In accordance with FAR 15.305(a)(2), if extraordinary problems impacted any of the referenced contracts, provide a short explanation and the corrective action taken.

(c) Describe any quality awards or certifications that indicate exceptional capacity to provide the service or product described in the Section C.

(d) Performance in Using Small Business (SB) Concerns (as defined in FAR 19.001).

(1) This section (d) is not applicable to offers from small business concerns.

(2) As part of the evaluation of performance in Section M of the solicitation, USAID will evaluate the extent the offeror used and promoted the use of small business concerns under current and prior contracts. The evaluation will assess the extent small business concerns participated in these contracts relative to the size/value of the contracts, the complexity and variety of the work small business concerns performed, and compliance with your SB subcontracting plan or other similar small business incentive programs set out in your contract(s).

(3) In order for USAID to fully and fairly evaluate performance in this area, all offerors who are not small business concerns must do the following:

(A) Provide a narrative summary of your organization's use of small business concerns over the past three years. Describe how you actually use small businesses--as subcontractors, as joint venture partners, through other teaming arrangements, etc. Explain the nature of the work small businesses performed--substantive technical professional services, administrative support, logistics support, etc. Describe the extent of your compliance with your SB subcontracting plan(s) or other similar SB incentive programs set out in your contract(s) and explain any mitigating circumstances if goals were not achieved.

(B) To supplement the narrative summary in (A), provide a list of the recent contracts no more than ten (10), within the past five years for which you submitted subcontract reports to eSRS (FAR 52.219-9(d)(10) and a copy of any similarly recent subcontracting reports if they were not submitted to eSRS.

(C) Provide the names and addresses of three SB concerns for us to contact for their assessment of your performance in using SB concerns. Provide a brief summary of the type of work each SB concern provided to your organization, and the name of a contact person, his/her title, phone number, and email address for each.

L.5.3 Annexes

L.5.3(a) Branding Implementation and Marking Plan:

The Branding Implementation and Marking Plan must be submitted as an annex and as part of the Technical Proposal during Phase II of evaluation. Offerors must note that the plan is a separate item and will not be evaluated. However, the plan from the apparently successful Offeror will be reviewed and subject to approval prior to contract award. Please see Section D for additional information. The plan must specifically address the following:

a) How to incorporate the message, “This assistance is from the American People,” in communications and materials directed to beneficiaries, or provide an explanation if this message is not appropriate or possible.

b) How to publicize the program, project, or activity in the host-country and a description of the communications tools to be used. Such tools may include the following:

• Activity Fact Sheets

• Beneficiary testimonials

• Field site visits

• Info graphics

• Media interviews

• Press conferences

• Press releases

• Print and online Public Service Announcements

• Professional photographs

• Social media posts and online content

• “Transforming Lives” Success stories

• Videos, webcasts, e-invitations, or other emails sent to group lists, such as participants for a training session, blast emails, or other Internet activities.

c) The key milestones or opportunities anticipated to generate awareness that the program, project, or activity is from the American People, or an explanation if this is not appropriate or possible. Such milestones may be linked to specific points in time, such as the beginning or end of an activity, or an opportunity to showcase publications or other materials, research findings, or activity success. These include, but are not limited to, the following:

• Announcing findings from the situational analysis

• Communicating activity impact/overall results

• Launching the activity

• Highlighting success stories,

• Promoting final or interim reports

• Publishing reports or studies, including the transformation and sustainability plans

• Securing endorsements from ministry and/or local organizations

• Spotlighting trends

L.5.3(b) Contractor’s Past Performance Information: (no page limit)

In this Annex, the Offeror may include all the detailed information required by Section L.5.2(c).

The Past Performance Matrix (Attachment J.2) and the Contractor Past Performance Reference Sheet (Attachment J.3) must be utilized to document past performance information.

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS

PROPOSAL

Cost proposal must include the information described in this section. Format for the cost proposal must be in Microsoft Office Excel with cells unlocked and formulas visible. The narrative for the cost proposal must be in Microsoft Office Word, Times New Roman font size

12. A weight is not assigned to the cost proposal, but it will be evaluated for fairness and reasonableness of the proposed costs/price.

Part 1 - Standard Form (SF) 33

The Offeror must submit the cover page (Section A) of this request for cost proposal [Standard Form (SF) 33, "Solicitation, Offer, and Award"], with blocks 12 through 18 completed, with an original signature of a person authorized on behalf of the Offeror to sign the offer.

Part 2 – IDIQ Cost/Business Proposal

USAID’s goal is to achieve low administrative costs and focus funds for local engagement and program implementation. This section sets forth the instruction for evaluation of proposed cost/price under the WADI II IDIQ.

In efforts to reduce proposal burden for Offerors and reduce time to award the IDIQ contract(s), USAID has developed a cost/price matrix. The cost/price matrix serves as the basis for final ceiling daily rates, indirect rates, and fee that will be bound in the final contract. Offerors must submit a cost/business proposal for the IDIQ using the template provided in Attachment J.4.

Attachment J.4 has four sheets/tabs: “B.6 Fixed Fee Ceiling”, “B.8.1 Unburdened CDR”, “B.9

Indirect Cost”; and “Cost/Price Matrix”. Offerors must complete all sheets/tabs. The cost/price matrix found in Attachment J.4 reflects all labor categories and levels as well as the level of effort (only used for the purpose of evaluation). Further, other direct costs, subcontractor costs and local hire labor costs have been provided by the Governments plug-figures.

The labor categories and plug-figures provided in Attachment J.4 must be used by all offerors for evaluation purposes and must not be customized. The formulas contained within the Cost/Price Matrix should be verified for accuracy by offerors as formulas with additions may not capture all of the correct cells. Rates included in Attachment J.4 must be in United States

Dollar (USD) currency. The overall price resulting from cost/price matrix from the Offeror’s proposal will be used for evaluation purposes for the WADI II award.

Further instruction is provided below for each cost category. There is no page limitation for the Cost Proposal for this IDIQ cost/price proposal.

(a) Unburdened Ceiling Daily Rate: Offerors must propose unburdened CDRs for all labor categories/groupings set forth in Section B.8.1. Offerors may propose unburdened ceiling daily rates at rates higher than the USAID Contractor Salary Threshold (CST). However, the prior approval of the Task Order Contracting Officer will be required for actual salaries above the USAID CST at the task order stage. The proposed CDRs will be used in the Cost/Price

Evaluation Matrix and will be incorporated in Section B.8 of the award.

Biographical Data Sheets (see Attachment J.7) are required only for Key Personnel (IDIQ Contract Manager), pre-award. Bio‐data forms must be properly completed, certified and signed by both employee and Contractor in the appropriate spaces with all blocks completed, as appropriate.

Attachment J.4 provides plug-figures for level of effort for all labor categories in Section B.8.

Offerors must use all the plug-figures and must not change it. Offerors should assume that all labor categories using the CDRs are either long-term, home-office, U.S.-based or short-term, home-office, U.S.-based labor, as specified in the template following the position title. Level of Effort amounts for positions identified as “Full Time” must be adjusted to accurately reflect an organization’s work-day, work-week policies and the method of accounting for paid absences.

The prime Offeror must provide a narrative justifying the labor rates for each labor category proposed with supporting information such as historical biodata forms used (within the past five years), DCAA forward pricing agreements, other federal contract or orders (do not provide GSA rates, only final orders negotiated with the Government for a GSA order or BPA) (please provide award number and CO contact information and narrative providing the unloaded rate in accordance with Section B), market research support, and payroll records.

(b) In the sheet/tab entitled “B.9 Indirect Cost” of Attachment J.4, the prime Offeror and each major subcontractor must propose their current indirect cost rates. In the sheet/tab entitled “Cost- Price Matrix”, offerors must only use the indirect cost rates for the prime offeror. For small businesses offerors, offerors may use their current indirect rates since a ceiling is not required.

Offerors must apply the appropriate indirect rate(s) base of allocation in accordance with the Offeror’s approved cost accounting system with the cost/price evaluation matrix. The Cost/Price Matrix might not capture all indirect cost categories for all offerors. As such, offerors must insert the indirect cost categories that are in accordance with their organization’s cost s tructure.

The prime and all major subcontractors may propose lower indirect rates than their established Negotiated Indirect Cost Rate Agreement (NICRA) and sign the letter found in ADS 300, Mandatory Reference for Best Practices Guide for Indirect Costing. Indirect rates proposed cannot be higher than the rates established in their Negotiated Indirect Cost Rate Agreement

(NICRA).

The Offeror and each major subcontractor must include a complete copy of its most current NICRA or other documentation from its cognizant Government Audit Agency, if any, stating the most recent provisional indirect cost rates. The proposal must also include the name and address of the Government Audit Agency, and the name and telephone number of the auditor.

If the Offeror or major subcontractor does not have a cognizant Government Audit Agency, the proposal must include:

● Audited balance sheets and profit and loss statements for the last two complete years, and the current year-to-date statements (or such lesser period of time if the Offeror is a newly-formed organization). The profit and loss statements should include detail of the total cost of goods and services sold, including a listing of the various indirect administrative costs, and be supplemented by information on the prime contractor’s customary indirect cost allocation method, together with supporting computations of the basis for the indirect cost rate(s) proposed; and

● The most recent two fiscal year pool and base cost compositions along with derived rates, the bases of allocation of these rates and an independent certified audit by a certified accounting firm of these rates.

EXEMPTIONS FOR SMALL BUSINESS OFFERORS ONLY

All the above instructions apply to small business offerors. However, if the small business offeror does not have a NICRA, the proposal must include either Audited Financial Statements or Reviewed Financial Statements as defined below:

1. Audited Financial Statements provide the auditor’s opinion that the financial statements are presented fairly, in all material respects, in conformity with the applicable financial reporting framework. In an audit, the auditor is required by auditing standards generally accepted in the United States of America (GAAS) to obtain an understanding of the entity’s internal control and assess fraud risk. The auditor also corroborates the amounts and disclosures included in the financial statements by obtaining audit evidence through inquiry, physical inspection, observation, third-party confirmations, examination, analytical procedures and other procedures. The auditor issues a report that states that the audit was conducted in accordance with GAAS, the financial statements are the responsibility of management, provides an opinion that the financial statements present fairly in all material respects the financial position of the company and the results of operations are in conformity with the applicable financial reporting framework (or issues a qualified opinion if the financial statements are not in conformity with the applicable financial reporting framework. The auditor may also issue a disclaimer of opinion or an adverse opinion if appropriate).

2. Reviewed Financial Statements provide a certified CPA accountant’s (referred to as

“Accountant” or “CPA” herein) review; the accountant is not aware of any material modifications that should be made to the financial statements for the statements to be in conformity with the applicable federal financial reporting framework. During a review engagement, the Accountant obtains limited assurance that there are no material modifications that should be made to the financial statements. Therefore, the objective of a review of the financial statements is to obtain limited assurance that there are no material modifications that should be made to the financial statements. A review does not include obtaining an understanding of the entity’s internal control; assessing fraud risk; testing accounting records; or other procedures ordinarily performed in an audit. The CPA issues a report stating the review was performed in accordance with

Statements on Standards for Accounting and Review Services; that management is responsible for the preparation and fair presentation of the financial statements in accordance with the applicable financial reporting framework and for designing, implementing and maintaining internal control relevant to the preparation).

The proposal must not include compiled financial statements. Compiled financial statements will not be accepted because the Accountant does not obtain or provide any assurance that there are no material modifications that should be made to the financial statements. That is, there is no assurance that the organization is misrepresenting costs on compiled financial statements, which puts the agency at risk. The objective of compiled financial statements is to assist management in presenting financial information in the form of financial statements without undertaking to provide any assurance that there are no material modifications that should be made to the financial statements.

If the small business offeror receives an award based on the submission of Reviewed Financial Statements, within six months after the end of the small business offeror’s fiscal year, they must submit an adequate final incurred cost proposal to the to the

Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years in accordance with the Allowable Cost and Payment Clause FAR 52.216-7. The receipt of an adequate proposal by the audit office starts the audit process. This audit will establish the final indirect cost rate(s) for the audited year. Provisional rates will be updated as needed based on current information. USAID auditors will work with the small business to issue a NICRA establishing the proposed provisional indirect cost rates after award based upon acceptable information submitted above.

IDIQ Contract Manager Cost: offerors must recover IDIQ management costs as part of their indirect costs, as specified in Section B.7.

(c) In the sheet/tab entitled “B.6 Fixed Fee Ceiling” of Attachment J.4, offerors must submit fixed fee percentage ceiling for CPFF task orders. Offerors may not propose a fixed fee percentage above the statutory limit (10%) set forth in FAR 15.404-4. Offerors must apply the same proposed fixed fee ceiling for the cost/price ceiling.

Note: Pursuant to FAR 52.219-14, Limitations on Subcontracting, small business prime Offerors proposing for a set-aside award are reminded that at least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the small business prime offeror. As such, the Labor Distribution Chart must reflect that the small business prime offeror is performing at least 50 percent of the effort.

Part 3 - Representations, Certifications, and Other Statements of Offerors

Offerors and proposed subcontractors must ensure they are registered with System for Award Management (www.sam.gov) per FAR part 4.

The Offeror and each proposed subcontractor must complete Section K, "Representations, Certifications, and Other Statements of Offerors. The Offeror must provide a signed and dated Section K.

In addition, Offerors and major Subcontractors must include a completed copy of SF LLL -- Disclosure of Lobbying Activities (See Attachment J.5).

The submission of these items in accordance with these instructions will, if the Government accepts the offer, contractually bind the Government and the successful Offeror to the terms and conditions of the prospective contract (i.e., sections A through K). The Government advises prospective Offerors to read the terms and conditions of the prospective contract carefully and to refer any questions of interpretation to the Contracting Officer in writing.

The Government will process late submissions of offers in accordance with FAR 15.208 and FAR 52.215-1. If an offer is received late and is not eligible for consideration in accordance with FAR 15.208 and FAR 52.215-1, then the Government will reject that offer without evaluation.

Part 4 - Policies and Procedures

If the Offeror does not have prior Federal contracting experience, the offeror must submit a copy of its personnel policies, especially regarding salary and wage scales, fringe benefits, merit increases, promotions, leave, differentials, travel and per diem regulations, etc.

Part 5- Information Concerning Work-Day, Work-Week, and Paid Absences

(1) The Offeror and each proposed major subcontractor must:

(i) State the number of hours and days in its normal work-day and work-week, both domestically and overseas, for employees and consultants.

(ii) State specifically how paid absences (U.S. holidays, local holidays, vacation and sick) will be reimbursed under task orders.

(2) A normal work-year, including paid absences (holidays, vacations, and sick leave) is 2,080 hours (260 days x 8 hours per day). However, some organizations do not have an 8-hour workday, and some accounting systems normally provide for direct recovery of paid absences by using a work-year of less than 2,080 hours to compute individuals' unburdened daily rates. The Offeror and all major subcontractors must describe their work-day and work-week policies.

http://www.sam.gov/

(3) The work-day and work-week policies and the method of accounting for paid absences for the Offeror and subcontractors in effect at time of award must remain in force throughout the period of the award.

Part 6 - Subcontracting Plan and Small Business Concerns (Not Applicable to Small

Business)

If the Offeror is other than a small business, it must submit a Subcontracting Plan (see Attachment J.6). Subcontracting plans must address the goals and the various types of small businesses that are specified in the subcontracting plan template provided in Attachment J.6.

For the purpose of an IDIQ contract, the offeror may use the ceiling amount or a fraction of the ceiling amount based upon the number of anticipated awards.

This plan includes small-disadvantaged businesses, women-owned businesses, HUBZone businesses, and service-disabled veterans-owned businesses or the SB subcontracting goal may be determined to be unacceptable.

Approved Small Business Subcontracting Plans will be attached to the resultant contracts as part of Section J.

Note: An award “cannot” be made to any Offeror whose subcontracting plan is not approved by the Office of Small and Disadvantaged Business Utilization (OSDBU).

Part 7 - Joint Venture Information

If two or more parties have formed a partnership or joint venture (see FAR Subpart 9.6), for the purposes of submitting a proposal under this Solicitation and, if selected, would perform the contract as a single entity, they must submit, as an attachment to the Cost/Business Proposal, the Corporate Charter, By-Laws, or Joint Venture or Partnership Agreement. In addition, the teaming arrangements must be identified, company relationships must be fully disclosed, and respective responsibilities and method of work must be expressly stipulated. The joint venture or partnership agreement must include a full discussion of the relationship between the organizations, including identification of the organization, which will have responsibility for negotiation of Task Orders under the resultant contract, which organization will have accounting responsibility, how work will be allocated, and profit or fee, if any, shared. In addition, the principles to the joint venture or partnership agreement must agree to be jointly and severally liable for the acts or omissions of the other.

Part 8 - Evidence of Responsibility

The Prime Contractor and major subcontractor(s) must submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR Subsection 9.104-1. To be determined responsible, a prospective contractor must address FAR 9.104. If the Offeror fails to submit sufficient evidence for the Contracting Officer to make a determination of responsibility, then the Contracting

Officer may make a determination of non-responsibility and the Offeror may be precluded from being awarded a contract. However, in the case of a small business Offeror, the Contracting Officer will comply with FAR 19.6.

Part 9 - Consent to Subcontract

The Offeror must address each of the elements in FAR 44.202-2 in order for proposed subcontractors to be considered by the contracting officer for consent of subcontractors to be granted with the initial award of WADI II IDIQ.

Part 10 - Letters of Commitment (Major Subcontractors)

The Cost/Business Proposal must include a letter, on subcontractor letterhead, and signed by an authorized representative of each major subcontractor, which specifically indicates the subcontractor's agreement to be included in the Offeror's proposed teaming arrangement.

Part 11 – Legislative Reporting Information

Provide the following information in a separate page; this information will be used for

Congressional reporting if your organization is selected:

● The Offeror’s name and address (street, city, state, zip code). In the case of commodity awards, please indicate the place or places of U.S. production if known.

● The awardee's contact name and telephone number

[END OF SECTION L]

SECTION M – PHASE II EVALUATION FACTORS FOR

AWARD

M.1 PHASE II GENERAL INFORMATION

a) The Government may award a Contract without discussions with Offerors in accordance with FAR 52.215-1. Therefore, Offerors are to submit their best technical and cost proposals with their initial submissions. However, the Government reserves the right to conduct discussions if the Contracting Officer determines it to be necessary.

b) The Government intends to evaluate Offerors in accordance with Section M – PHASE II

EVALUATION FACTORS FOR AWARD of this RFP and make Contract award to the responsible Offeror(s) whose proposal(s) represents the best value to the U.S.

Government. “Best value” is defined as the offer that results in the most advantageous solution for the Government, in consideration of technical, cost, and other factors.

c) The submitted technical information will be evaluated by a technical evaluation committee using the technical criteria shown below. The evaluation committee may include industry experts who are not employees of the Federal Government. When evaluating the competing Offerors, the Government will consider the written qualifications/capability information provided by the Offerors, and any other information obtained by the Government through its own research.

d) There is no restriction on submitting a proposal as a prime Offeror, while also being included as a subcontractor under another Offeror’s proposal.

e) In accordance with FAR 15.304(e), all evaluation factors other than cost/price when combined are significantly more important than cost/price factors.

M.2 PHASE II TECHNICAL EVALUATION CRITERIA

M.2.1 Phase II Rating Methodology

(a) A “Confidence” rating methodology will be used to evaluate all responsive technical proposals received under this solicitation. The Government will assess its level of confidence that the contractor will successfully perform all requirements in regards to the relevant evaluation factors assessed at each Phase I and II.

(b) USAID will be utilizing a Confidence Rating system to evaluate the Phase II proposals as follows:

Confidence

Rating

Description

High

Confidence

The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract.

Some

Confidence

The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract.

Low

Confidence

The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract.

(c) Non-Business/Cost Factors will be rated in the order of importance as indicated in the table below. However, all non-business/cost factors, when combined, are significantly more important than cost/price.

M.2.2 Phase II Evaluation Criteria

Each offeror will be evaluated based on the following factors:

PHASE FACTOR FACTOR

NAME

RELATIVE ORDER OF

IMPORTANCE

Phase II Factor 2 Technical Understanding and Approach

Factor 1* (Phase I), 2, 3, and 4 are in descending order of importance. Sub-factors are of equal importance.

Factor 3 Management

Capability

Factor 4 Contractor Past Performance Information

*Note: Evaluation of Factor 1 will carry forward from Phase I evaluation and contribute to award decision as detailed herein.

M.2.3 Factors for Phase II Evaluation

M.2.3(a) FACTOR 2 – Technical Understanding and Approach [See Section L.5.2(a)]

Proposals will be evaluated on the extent to which:

Subfactor 2.1: USAID will evaluate the quality of the Offeror’s technical approach and understanding to effectively and efficiently provide the expertise in the key technical areas identified in Section C. USAID will evaluate the Offeror’s plan for incorporating innovative solutions, developing local capacity, promoting sustainability and overcoming barriers that limit progress in the WASH and WRM sectors.

M.2.3(b) Factor 3: Management Capacity [See Section L.5.2(b)]

Subfactor 3.1: The IDIQ Manager will be evaluated on the quality, capability and appropriateness of the candidate and the extent to which s/he meets or exceeds the required qualifications in Section C.6 of the IDIQ.

Subfactor 3.2: The Offeror will be evaluated on the appropriateness and feasibility of their proposed management structure, to include the defined functions and management and decision -making authorities of the IDIQ Manager. USAID will evaluate the offerors approach to ensure it identifies clear lines of responsibility, and efficient and effective communication through which tasks will be managed by the prime and/or consortium members, and includes appropriate procedures to identify and resolve problems.

M.2.3(c) Factor 4: Contractor Past Performance Information [See Section L.5.2(c)]

USAID will use the performance information to make the responsibility determination and best value decision (best value at the IDIQ level only). USAID may use performance information obtained from sources other than the sources identified by the Offeror/subcontractor. USAID will utilize existing databases of contractor performance information and solicit additional information from the references provided in Section L of this RFP and from other sources if the Contracting Officer finds the existing databases insufficient for evaluating an Offeror’s performance.

USAID will provide an Offeror with an opportunity to respond to adverse past performance information to which the Offeror previously has not had an opportunity to respond in accordance with the policies and procedures set forth in FAR Subpart 15.3.

USAID will initially determine the relevance of similar past 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:

Subfactor 4.1: Quality of product or service that is of similar size, scope and complexity, including consistency in meeting goals and targets;

Subfactor 4.2: Cost control, including forecasting costs as well as accuracy in f inancial reporting;

Subfactor 4.3: Schedule, including the timeliness against the completion of the Contract, task orders, milestones, delivery schedules, and administrative requirements (e.g., efforts that contribute to or affect the schedule variance);

Subfactor 4.4: Management or business relations, addressing the history of professional behavior and overall business-like concern for the interests of the customer, including the contractor’s history of reasonable and cooperative behavior (to include timely identification of issues in controversy), customer satisfaction, timely award and management of subcontracts, cooperative attitude in remedying problems, and timely completion of all administrative requirements;

Subfactor 4.5: Regulatory Compliance, including compliance with all terms and conditions in the awards relating to applicable regulations and codes (financial, environmental, safety, and other reporting requirements); and

Subfactor 4.6: Utilization of Small Business, Utilization of Small Business, for prime offerors who are not small business concerns, their utilization of Small Business concerns as subcontractors, including efforts in achieving small business participation goals.

Subfactor 4.7: Other, additional evaluation areas that are unique to the contract/order, or that cannot be captured elsewhere in the evaluation will be considered, if applicable.

In cases where:

a. The Offeror lacks relevant performance history;

b. Information on past performance history is not available; or

c. The Offeror is a member of a class of offerors where there is a provision not to rate the class against a sub-factor.

USAID will not evaluate an Offeror’s performance favorably or unfavorably. When this occurs, an Offeror lacking relevant performance history is assigned a “neutral” rating. An exception to this “neutral” rating provision is when a non-small businesses prime has no history of subcontracting with small business concerns. The Contracting Officer may take into account a broad range of information related to an Offeror’s past performance prior to assigning a “neutral” past performance rating.

M.3 DETERMINATION OF COMPETITIVE RANGE

a) The Government intends to evaluate proposals and may award a Contract without discussions. However, a competitive range may be established from the selected offerors in Phase II. If the Contracting Officer determines that discussions are necessary, he/she will establish a Competitive Range composed of only the most highly rated proposals pursuant to FAR 15.306(c).

b) Selected offerors after completion of Phase II evaluation may be invited to participate in discussions. Only those offerors whose proposals are within the competitive range will be invited for discussions.

c) Offerors are advised that, in accordance with FAR 52.215-1, the Contracting Officer may determine that the number of most highly rated proposals that might otherwise be included in the competitive range exceeds the number at which an efficient competition can be conducted. Should that be the case, the Contracting Officer may then limit offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

M.4 BUSINESS/COST PROPOSAL EVALUATION [See Section L.6]

USAID’s goal is to achieve low administrative costs and focus funds for local engagement and program implementation, hence, will be considered for the evaluation of cost/price. The proposed cost/price will be evaluated for realism and reasonableness. USAID will also consider administrative costs versus funds going towards program implementation costs.

The evaluation will be based upon the cost/price matrix (Attachment J.4) and the supporting narrative provided by the Offeror.

USAID will conduct a cost evaluation to determine if the proposed costs for the IDIQ (i.e., the ceiling daily rates, indirect cost rates, and ceiling on fixed fee) are reasonable. This evaluation is conducted with the expectation of adequate cost/price competition and will rely heavily on market forces to determine whether the proposed cost/price is fair and reasonable. The comparison of proposed cost/price in response to this solicitation is the preferred technique for this evaluation. USAID will also compare the proposed cost/price to historical cost/price paid for the same or similar services and the independent government cost estimate. Other techniques and procedures set forth in FAR 15.404-1(b), if deemed necessary, may be used to ensure proposed cost/price is fair and reasonable.

Cost/price analysis will be performed in accordance with FAR 15.404-1(d) as applicable to determine whether the proposed cost/prices is realistic for the work to be performed, reflects a clear understanding of the requirements, and is consistent with the unique methods of performance set forth in the offeror’s technical proposal and budget narrative.

M.5 SOURCE SELECTION

a) The overall evaluation methodology set forth above will be used by the contracting officer as a guide in determining which proposal offers the best value to the U.S.

Government. In accordance with FAR 52.215-1, award will be made by the contracting officer to the responsible Offeror whose proposal represents the best value to the U.S.

Government after evaluation in accordance with all factors and sub-factors in this solicitation.

b) Tradeoff: This procurement utilizes Advisory multi-step down-select process. The Government will first determine the acceptability/viability of the technical proposal in

Phase I. In Phase II, the Government will utilize the tradeoff process set forth in FAR 15.101-1. The contracting officer shall award the contract to the Offeror in Phase II whose proposal represents the best value to the U.S. Government. The contracting officer may award to a higher priced Offeror in Phase II if a determination is made that the higher technical evaluation of that Offeror merits the additional cost/price, and therefore represents the best value to the Government.

M.6 CONTRACTING WITH SMALL BUSINESS CONCERNS

USAID encourages maximum participation of small businesses, veteran-owned…