7200AA25R00040_ Amendment 001.pdf

AMENDMENT 001 – RFTOP# 7200AA25R00040

Legal Services Request for Proposal

1. Page 12, Section C.5.2 General Requirements – All Paralegal

DELETE: “They must possess a bachelor’s degree in paralegal studies or a related field.”

INSERT: “They must possess, at a minimum a paralegal certificate.”

2. Page 71, Section L.5 TECHNICAL PROPOSAL INSTRUCTIONS, 5th bullet, 2nd sub-bullet:

DELETE: “five (5)” INSERT: “three (3)”

3. Page 71, Section L.5 TECHNICAL PROPOSAL INSTRUCTIONS, 5th bullet

INSERT: “o References for Key Personnel [not to exceed one (1) page]”

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

Shannon White-Benson Supervisory Contracting Officer U.S. Agency for International Development

Office of Acquisition and Assistance

7200AA25R00040, Legal Services RFP

Questions and Answers

1. The Solicitation, at B.4, identifies the Ceiling Price for the Base Period, the Ceiling Price for Option Periods, if exercised, the Total Ceiling Price, and the amount currently obligated and available for reimbursement of allowable costs as “$ TBD”. It also states that “Funds obligated hereunder are anticipated to be sufficient through TBD.” In the transmittal letter, USAID states that the total estimated ceiling for performance of work under the RFP is $3,000,000, inclusive of Travel and OtherDirect Costs”, subject to availability of funds and Agency approvals.

Please provide the “TBD” amounts identified in B.4.

USAID Response: The exact dollar amounts of these TBDs will be completed in the resulting contract with the apparently successful offeror that will be determined by the budget submitted with the proposal.

2. The Solicitation, at B.5, LEVEL OF EFFORT, identifies the level of effort for the Base Period and OptionYears as “TBD Direct Burdened Hours” and states that “It will be the Contractor’s responsibility to ensure that the Contracting Officer’s Representative (COR) adjustment to the workdays ordered for each functional position do not result in costs which exceed the ceiling price of the order. Under no circumstance shall the COR’s adjustment authorize the Contractor to be paid any sum in excess of the ceiling price of the contract.”

Please provide the “TBD” level of effort amounts for Base and Option periods.

USAID Response: The exact direct burdened hours will be completed in the resulting contract with the apparently successful offeror that will be determined by the budget submitted with the proposal.

3. The Solicitation at Section B contains two (2) subsections B.6. One is entitled B.6 OTHER DIRECT COSTS –TRAVEL (Airfare, Per-Diem & Transportation Costs), and the other is B.6 OTHER DIRECT COSTS (ODCs). Both B.6 subsections relate to Section L.7.2.(a) Fully Burdened Labor Rate, and Section L.7.2.(b) Indirect Cost Information on ODCs.

a. Please confirm that the cost of providing Key Personnel (a Senior Partner) is to be included in the Fully Burdened Labor Rate billed for each of the six (6) labor category positions identified as billable to the contract.

USAID Response: Yes, the rates for the proposed key personnel should be fully-burdened labor rates, and included in the six labor category positions billable to the contract.

b. Please provide a list of the travel locations that USAID anticipates will be approved under this contract.

USAID Response: It is undetermined at this time what travel will be required. USAID provided a plug figure for travel. Offerors are not required to estimate travel costs.

c. Please provide examples of reimbursable ODCs that USAID anticipates could be approved under this contract.

USAID Response: Examples of Other Direct Costs might include access to specialized software licenses, if deemed necessary.

d. If funding approved and currently “plugged” for Travel ODCs and ODCs is not expended on ODCs, will it be available to fund billable direct labor?

USAID Response: Per section B.5, labor hours can be shifted among labor categories with written approval and direction from the Contracting Officer’s Representative. Shifting Travel and ODCs to labor is possible, but requires a more extensive approval process.

4. The Solicitation, Section L.7.2 (b) Indirect Cost Information on ODCs, instructs offerors to "complete the Level of Effort (LOE)/Budget spreadsheet below for the two (2) year base period and three (3)one-year option periods of the award and submit it as part of its proposal. Offerors are encouraged to propose their own labor mix to fit their technical approach.”

Please confirm that Offerors are not required to bid all six (6) labor categories.

USAID Response: Per Section L.7.2, “Offerors are encouraged to propose their own labor mix to fit their technical approach.” However, it is recommended to price out all labor categories, even if the LOE will be zero.

5. At subsection L.5 TECHNICAL PROPOSAL INSTRUCTIONS, the solicitation states that the CV of KeyPersonnel shall not exceed five (5) pages. At subsection L.6.2.b Key Personnel the Offeror "must submit a complete and current resume/CV that must not exceed three (3) pages in length for the proposed Key Personnel. The Offeror should provide on one (1) additional page, three (3)professional references that include the name, title, organization, email, and phone number for each reference."

a. Please advise as to the page limit for the Key Personnel CV.

USAID Response. Per Section L.6.2.b, “As an annex to the Technical Proposal, the Offeror must submit a complete and current resume/CV that must not exceed three (3) pages in length for the proposed Key Personnel.” Additionally, “The Offeror should provide on one

(1) additional page, three (3) professional references that include the name, title, organization, email, and phone number for each reference.” See Amendment 001.

b. Please confirm that the three (3) professional references referenced above are references for the Key Personnel and not for the law firm as a whole.

USAID Response: Confirmed.

6. The solicitation, Section M, subsection M.2.2 Factor 2, Management Approach & Staffing, informs Offerors that proposals will be evaluated with respect to “the extent to which the Offeror demonstrates its ability to provide secure and compliant remote support, consistent with USAID cybersecurity and records policies (ADS 508 and ADS 545), . . .”

a. Will the Government consider providing USAID-approved Government Furnished Equipment (laptops and cell phones) for use by the billable positions and the Key Personnel?

USAID Response: No, the Government will not provide government furnished equipment.

b. Will the Government consider providing contractor personnel direct access to information on USAID servers, rather than require that USAID information be transferred to contractor personnel and maintained on contractor servers?

USAID Response: No, the government will not provide contractor personnel direct access to information on USAID servers.

7. The Solicitation provides for payment of Travel, Other Direct Costs, and Fully Burdened Labor Rates for labor hours performed. Section L.7.2.(a) Fully Burdened Labor Rate directs offerors to include various costs in fully burdened labor rates. The Solicitation also states that “The fixed hourly rates must exclude any costs already identified as reimbursable under Other Direct Costs (ODCs) (e.g., travel, lodging, local transportation, etc.). Section L.7.2.(b) Indirect Cost Information on ODCs provides that, “The Offeror and each proposed subcontractor will include a complete copy of its most current Negotiated Cost Rate Agreement (NICRA) or other documentation from your cognizant U.S. Government audit agency, if any, stating the most recent final indirect cost rates. . . If the Offeror does not have a NICRA or a cognizant Government Audit Agency, the Offeror must direct charge all costs or the proposal shall include . . . Audited financial statements . . . and the current year-to-date financial statements . . . and Detailed indirect cost rate calculations for the most recent two fiscal years that include the major cost elements in both the pool of expenses and base of application

a. Many law firms do not have audited financial statements. Will USAID accept reviewed financial statements in lieu of audited financial statements?

USAID Response: Yes, reviewed financial statements may be submitted in lieu of audited financial statements.

b. Please confirm that an Offeror’s decision to direct charge all costs within the proposed Fully Burdened Labor Rates will mean that the Offeror is not required to submit audited financial statements and current year-to-date financial statements.

USAID Response: Offerors are not required to submit audited financial statements and current year-to-date financial statements in support of fully burdened rates. However, if an offeror plans to apply indirect costs to Other Direct Costs in accordance with its organizational policies, it must submit financial statements in support of the proposed rate.

8. The solicitation, C.5.2, states that paralegals “must possess a bachelor’s degree in paralegal studies or a related field.” Most colleges don’t offer degrees in paralegal studies.

a. Will a paralegal certificate or paralegal experience meet this requirement?

USAID Response: Yes. See Amendment 001.

b. Would attorneys in possession of a JD (whether barred or not) be acceptable for paralegal slots if they have legal experience?

USAID Response: Yes.

9. With respect to Section C., C.5.1 General Requirements - All Attorneys, please confirm that prior work for a federal agency would not constitute an actual or potential conflict of interest or, if it could, please advise as to which federal agency(ies) would require disclosure.

USAID Response: Prior work with any other federal agency does not automatically create a conflict of interest. Disclosure of potential conflicts of interest is only required if the.