AMENDMENT NO.01 72012121R00001.pdf

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Attached to
USAID Justice for All (J4A) Activity
Solicitation number
72012121R00001
Issued by

About this file

This amendment to a solicitation provides answers to questions from potential offerors regarding a USAID activity to advance justice in Ukraine. USAID seeks proposals for the Justice for All activity through a five-year, cost plus fixed fee contract valued between $22-24 million. The purpose is to strengthen justice systems, services, and engagement to deliver responsive legal solutions to Ukrainians' problems and needs. Approximately $5 million is designated for grants under the contract. The amendment clarifies offeror questions around grant funding amounts, salary restrictions, reporting requirements, and acceptable proposal formats.

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5. PROJECT NO.

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

1. CONTRACT ID CODE

FACILITY CODE CODE

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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment of 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 AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

D. OTHER

BY /s/ 04/02/2021

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 STANDARD FORM 30

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 3

01 See Block 16 C.

USAID/Kyiv Regional Contract Office Dept. of State 5850 Kyiv Place Washington, DC 20521-5850

USAID/Kyiv Regional Contract Office Dept. of State 5850 Kyiv Place Washington, D.C. 20521-5850

TO ALL OFFERORS x 72012121R00001

March 10, 2021

X x one

The purpose of this Amendment No. 01 is to provide answers to the questions submitted by potential Offerors regarding Request for Proposal (RFP) No.:72012121R00001 USAID Justice for All (J4A) Activity.

Daniel E. Harter Regional Contracting Officer

RFP No. 72012121R00001 Amendment No. 01

PART I – ANSWERS TO THE QUESTIONS

Questions regarding RFP No. 72012121R00001

Q.1 Section C.8.3. Grants Under Contract states, “the Contractor must utilize local organizations to the fullest extent possible during the implementation of this activity through either sub- grants or sub-contracts” and references “various local associations, CSOs, universities, individual consultants, and more.” Is this fund intended to be for both local sub-contracts and grants under contract (GUC) rather than solely a GUC fund?

A.1 The Offerors are kindly reminded the first statement is a general statement about encouraging work with local organizations throughout the Activity. However, GUCs section is specifically about GUCs, not subcontracts.

Q.2 Section C.8.3. Grants Under Contract states that “approximately 20 percent of the Activity’s total estimated cost will be directed to a GUC program.” However, in sections L.9 (page 145) and J.4, USAID indicates that $5 million should be used for GUC. Please confirm the approximate cost of the grants under this fund.

A.2 USAID anticipated approximately $5M of the program budget for the Grants under Contract.

Q.3 Section H.10 (page 57) and Section L.9 Part 2(A) limit third country national (TCN) and cooperating country national (CCN) salaries to the local compensation plan. We respectfully request that the above-mentioned salary restriction be removed from the RFP as it appears to be inconsistent with AIDAR 752.7007 Personnel Compensation, incorporated in the contract under Section H.9 (page 56), which stipulates that personnel compensation be in accordance with the contractor’s established policies, procedures, and practices, with reimbursement subject only to the USAID Contractor Salary Threshold. The salary restriction above may preclude contractors from following their established policies, procedures, and practices, as required by AIDAR 752.7007.

A.3 USAID does not plan to revise this section of the RFP.

Q.4 From Section H.27(13), we respectfully request that USAID remove the sentence, “Copies of all reports received from grantees will be promptly forwarded to the COR,” given that there is no requirement for the COR to receive grantee reports in the GUC authorizing language for ADS 302.

We also respectfully request that USAID remove the following sentence from the same section:

“At the conclusion of the contract, the Contractor must consult with the CO for direction as to which records must be transferred to USAID.” While USAID retains the rights to visitation and inspection for three years after the grant completion date, all records under this contract are considered property of the contractor and must be retained in accordance with the contractor’s records retention policies that originate from audit requirements.

A.4 USAID does not plan to revise this section of the RFP. Please note, the requirement regarding records is a requirement to consult with the Contracting Officer.

Q.5 Section L.7, third bullet (pages 132-133) states, “The Offeror must submit the proposal via e- mail with up to 20MB limit per email compatible with Microsoft Office (Word, Excel, etc.) and/or WordPerfect in a MS Windows environment.” To ensure that the page layout remains unchanged

— especially important to assure maintaining the required page limit regardless of computer or

RFP No. 72012121R00001 Amendment No. 01 printer configuration — and that we may protect original signatures contained in our package, may we submit our technical and cost volumes solely in Windows-compatible, text-accessible Adobe Acrobat PDF, along with our budget for costs in Excel?

A.5 Yes.

Q.6 Section L.9, Part 3, on page 147 states, “The Offeror and each proposed major subcontractor must complete Section K ‘Representations, Certifications, and Other Statements of Offeror,’ and sign and date on the last page in the space provided and submit as an Annex to the cost proposal.”

Later, on page 148, “Letters of Commitment (Subcontractors),” the RFP states “The representations and certifications as set forth in Section K of this solicitation, with the last page signed.” Would USAID please confirm that Section K is only required for major subcontractors and that Section K is not to be included in the “Letters of Commitment” section of the cost proposal?

A.6 Confirmed. The representations and certifications, as set forth in Section K are part of Cost

Proposal and required for both Prime Offeror and any identified major subcontractors. Letters of Commitments are part of Cost Proposal and have to be provided for all proposed subcontractors to indicate the subcontractor's agreement to be included in the Offeror’s proposed teaming arrangement.

Q.7 Section 2.(d)(3)(B) (page 137) of Contractor Past Performance Information, states “(B) To supplement the narrative summary in (A), provide with your summary a copy of the 10 most recent SF 294 “Subcontracting Report for Individual Contracts” against which you were required to report for the past 3 years. SF 294 should be submitted as part of the Cost Proposal.” As the offeror submits subcontracting reports to the federal government’s Electronics Subcontracting Reporting System (eSRS), may we submit a list of our 10 most recent submissions to the eSRS, instead of copies of SF 294 reports?

A.7 The Offerors are encouraged to follow RFP requirements.

[End of Amendment No. 01 to RFP No. 72012121R00001]

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