Q&A_SOL_72016718R00014_Commercial_Justice.pdf

Q&A_SOL#72016718R00014

Commercial Justice activity in Kosovo

(Q & A) SOL#72016718R00014 Commercial Justice

Q.1 Please clarify whether the organizational chart should be submitted only during Stage 1 or both during Stage 1 and Stage 2. If it’s the latter, please clarify whether the organizational chart shall count against the 15 pages for the Management Structure Plan.?

A.1 Organizational chart should be submitted during Stage 1 and Stage 2 and does count against the page limit in Stage 2.

Q.2 With reference to the oral presentations discussed in Sections L.5 and M.2, it is inevitable that some key personnel will appear on multiple competing proposals and therefore will not have access to specific proprietary proposal content and will not be familiar with the details of the offeror’s approaches and especially the "nuances of [the offeror's] proposal" (per Section M.2). We ask that USAID consider allowing offerors to determine which proposed key personnel will participate in the presentations or revise the evaluation criteria for the presentation?

A.2 At least the proposed COP and one other key personnel at offerors discretion must participate in the presentation. The Offeror may bring up to three (3) individuals to deliver the presentation in addition to mandatory COP plus one key personnel. Also, see the Amendment 01 of the RFP.

Q.3 Page 18 of the RFP says that “the Contractor should incorporate into the MELP the recommendations listed in ADS 203 Additional Help Document: A Recommended Approach to Measuring Organizational Capacity Development.” However, ADS 203 is no longer in use. Please clarify.

A.3 It should be ADS 201. Please see the Amendment 01 of the RFP.

Q.4 Page 38, Section H.11 (d) states, “One annual salary increase not more than 3 percent may be granted after the employee’s completion of each twelve-month period of satisfactory services under the contract.” This restriction may preclude offerors from complying with AIDAR 752.7007, incorporated in RFP Section H.10, which 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.”

Specifying the annual salary increase offerors can provide to their staff may result in offerors deviating from AIDAR 752.7007. We respectfully request that USAID revise the annual salary increase percentage to state “to be determined,” thereby allowing offerors to submit cost proposals in accordance with their established policies, procedures, and practices.

A.4 Annual salary increases of 3% will remain as stated but that does not preclude the prospective contractor to request increases above 3% as specified in the RFP.

Q.5 Page 76, Section L.5 indicates that proposed key personnel and up to three additional individuals must present the offerors’ proposal at Stage 2 oral presentations. Can USAID please confirm that all four key personnel are required to be present at these oral presentations?

A.5 See answer A.2.

Q.6 The Development Experience Clearinghouse provides the Commercial Law Enforcement Activity’s quarterly report for the November 2017 to January 2018 period and the Justice System Strengthening Project’s annual report for the November 2016 to November 2017 period. Would USAID please make available the subsequent project periodic reports and other relevant technical deliverables for these projects?

A.6 All reports from the Commercial Law Enforcement (CLE) Activity and Justice System

Strengthening Program (JSSP) can be found on the DEC.

Q.7 Could USAID please clarify whether letters of commitment will be required for key personnel named in Phase 2?

A.7 Yes, the letter of commitment is required for key personnel named in Stage 2 and should be included in section L.7, Part 8 of the cost proposal. Also, see the Amendment 01 of the

RFP.

Q.8 Could USAID please provide the USAID/Kosovo Local Compensation Plan?

A.8 The range of the current Local Compensation Plan for USAID/Kosovo starts from minimum range of €11,700 to maximum of €38,803 (gross).

Q.9 In order to ensure consistent evaluation of cost, could USAID please provide the preferred exchange rate for offerors to use?

A.9 USAID does not have a preferred EURO to USD exchange rate.

Q.10 Could USAID please provide an estimated budget range for this project?

A.10 Subject to availability of funds, USAID estimates funding available for the activity up to

$9,000,000. Also, see the Amendment 01 of the RFP.

Q.11 Page 1, as well as Section L.7 (e) Part 5 (page 80) states that "USAID discourages the use of exclusive agreements as this limits USAID’s and Kosovo’s ability to receive the best services.” Could USAID confirm that this applies to subcontractors only, not to personnel?

For subcontractors, does this preference apply to international organizations, or only local organizations?

A.11 This applies to subcontractors and personnel as well. For subcontractors, this requirement applies to both international and local organizations. Also, see the Amendment 01 of the

RFP.

Q.12 Section F.5 Key Personnel (a) (p23): To ensure the best management structure to support an offeror’s proposed technical approach, would USAID allow offerors to propose alternative key positions to the Deputy Chief of Party and objective leaders, provided we maintain a total of four key positions including a Chief of Party?

A.12 The offerors may propose alternative key positions to the Deputy Chief of Party and objective leaders consistent to their technical approach, provided that number of key positions including Chief of Party doesn’t exceed four positions. Also, see the Amendment 01 of the RFP.

Q.13 Section L.6 (p76) Could USAID please confirm that offerors may include a cover page and acronym list in the technical submission that will not count against the page limit?

A.13 Offerors are required to submit a Cover Letter that doesn’t count against the page limit.

Offerors may include an acronym list in the technical submission and that will not count against the page limit. Also, see the Amendment 01 of the RFP.

Q.14 Section L.6 (p76) states that “The oral presentation will require the proposed key personnel to present their proposal to USAID.” In some cases, in order to offer best value to USAID, candidates may opt to appear non-exclusively on an offeror’s proposal in a key position. In addition, some key candidates may be currently engaged in full time work that does not allow them to participate in USAID proposal efforts. Requiring such a candidate’s participation oral presentations – in some cases potentially in two different offeror’s presentations - could generate conflicts of interest for these candidates and firms. Would USAID therefore allow offerors to propose a select number of their key personnel to participate in oral presentations in Stage 2?

A.14 Please see answer A2.

Q.15 Section L.6 (p77) – In Stage 2, USAID indicates that the offeror should re-submit the organizational chart as part of its Management Structure Plan. Could USAID clarify whether this is intended to be the resubmission of the same organizational chart that was included in Stage 1?

A.15 Yes, but in Stage 2 the offerors are required to present the same organizational chart and to identify the proposed key personnel.

Q.16 Section L.7(d) Past Performance (p80) – As some offerors may have hundreds of contract records available in the PPIRS, may offerors submit a list of up to 10 of the most recent and relevant contracts to this activity for the evaluation committee’s reference in Stage 2?

A.16 NO, Offerors must not submit past performance information for contracts in PPIRS.

Q.17 Section L.7(d) (p80). For major subcontractors who have not implemented contracts in the specified budget range of $5,000,000 to $15,000,000, may we submit Past Performance

Information for smaller contracts and/or other types of awards (e.g., cooperative agreements)?

A.17 The budget range of $5,000,000 to $15,000,000 is meant for prime contractors. Offerors may submit relevant past performance information about Cooperative Agreements.

Q.18 Page 39, Section H.11.(g) Compensation of Cooperating Country and Third Country Nationals (CCNs/TCNs) states that “ Consistent with AIDAR 722.170(b), it is USAID policy that TCN/CCNs who are hired as local employees and whose salaries are 100% financed under an acquisition instrument be compensated in local currency, and their salaries must not exceed those under the USAID Local Compensation Plan (LCP) for comparable positions, unless a Mission waiver has been obtained permitting compensation in dollars.” Can USAID please provide the most current Local Compensation Plan for Kosovo?

A.18 See Answer A.8

Q.19 Will USAID clarify or provide an estimate of the total estimated cost for this award?

A.19 See Answer A10.

Q.20 Should Stage 1 of the Technical Proposal, including the Organizational Chart, identify or otherwise reference proposed personnel by name?

A.20 At Stage 1, the offerors are not required to identify the proposed personnel in the Organizational Chart, only positions are required.

Q.21 Will all bidders that pass Stage 1 be invited to give an oral presentation?

A.21 Yes.

Q.22 Does USAID anticipate providing any comments or feedback on proposals prior to the oral presentations?

A.22 No.

Q.23 Please confirm that draft Work Plans or Activity Monitoring Evaluation and Learning Plans are not required in either stage of the proposal.

A.23 Work Plan or Activity Monitoring Evaluation and Learning Plan is not required in either stage of the proposal.

Q.24 Are there any nationality or education requirements for the Chief of Party or other Key Personnel?

A.24 There are no nationality requirements. Offerors are required to describe requirements and responsibilities for each proposed Key Personnel position, consistent with their proposed technical approach, which will be incorporated in section F.5 up on contract award.

Q.25 Will USAID’s evaluation of past performance be based solely on PPIRS and Past

Performance Information Sheets, or does USAID expect to see this information in the body of the Technical Proposal?

A.25 Evaluation of past performance will be based solely on PPIRS and the Past Performance

Information Sheet.

Q.26 On page 77, the RFP states that “The Offeror must propose key personnel positions and clearly describe the requirements and responsibilities for each proposed key personnel position and other technical professional positions.” Does this mean that USAID wants job descriptions for the four required Key Personnel positions?

A.26 USAID is not requesting job/position descriptions for key positions, offerors are only required to describe the requirements and responsibilities for each key position in accordance with the proposed technical approach.

Q.27 In support of “(g) Compensation of Cooperating Country and Third Country Nationals

(CCNs/TCNs)” on Page 39, will USAID provide the current USAID Local Compensation Plan (LCP)?

A.27 See Answer A.8

Q.28 Regarding “Part 2 – Proposed Costs, (2) Indirect Cost Information” on Page 79, will

USAID confirm that Offers and Subcontractors are required to complete “B.5 Indirect Costs,” and “B.6 Advance Understandings on Ceiling Indirect Cost Rates and Final Reimbursement for Indirect Cost”? Is the completion of “B.8 Payment of Award Fee” optional?

A.28 Offerors are required to complete Indirect Cost information in section B.5 and B.6 only for prime. Offerors are also required to propose award fee for each period in the table, section B.8.

Q.29 Regarding “Part IV, Representations and Instructions,” will USAID confirm that the

“SIGNATURE” section, normally inserted prior to “(End of provision)” (Page 72), was intentionally omitted, and therefore is not required to be submitted under “(g) Part 7 – Portions of Section K not available Online,” per Page 81?

A.29 Offerors are required to complete all required information in “Part IV, Representations and Instructions” and submit under (g) Part 7 of the cost proposal. Signature in SF 33 of the authorized person on behalf of the Offeror is binding for section K as well.

Q.30 Regarding “L.5 Submission/Delivery Instructions,” on pages 74-75, please clarify whether subcontractors (USA-based and international) are required to comply with FAR 52.204-7.

And, if required, will subcontractors have until contract award to become fully compliant?

A.30 Subcontractors (USA-based and international) are required to comply with FAR 52.204-7, and subcontractors have to become fully compliant until contract award.

Q.31 Please confirm that Biographical Data Sheets for Key Personnel should be submitted in the Cost Proposal.

A.31 Correct.

Q.32 Can USAID provide offerors with an updated Local Compensation Plan?

A.32 See Answer A.8.

Q.33 According to the cover letter, USAID “discourages the use of exclusive agreements as this limits USAID’s and Kosovo’s ability to receive the best services”. Can USAID please confirm that this refers only to subcontract agreements and/or to Key Personnel?

A.33 Use of exclusive agreements refers to subcontractors and Key Personnel.

Q.34 According to the cover letter, USAID ‘discourages the use of exclusive agreements as this limits USAID’s and Kosovo’s ability to receive the best services.’ If this refers to key personnel, during oral presentations, non-exclusive key personnel could present on behalf of more than one Offeror. Would USAID confirm that Offerors may engage key personnel on an exclusive basis to avoid having the same key personnel present on behalf of more than one offeror?”

A.34 See answer A.2.

Q.35 On page 77, section L.6, under “Management Structure Plan”, the RFP states: The

Contractor must provide for all key personnel the Curriculum Vitae (CV) including three reference contacts, and must not exceed 2 pages. Could USAID clarify if the three references are included within the 2-page limit?

A.35 Yes, references must be included within 2-page limit.

Q.36 Does USAID require a signed Letter of Commitment from Key Personnel?

A.36 See Answer A.7.

Q.37 By when does USAID anticipate staff needing to be available upon contract award?

A.37 It will be determined based on the mobilization plan.

Q.38 Can USAID confirm that offerors are able to include a list of acronyms as non-counting page towards the page limit?

A.38 See Answer A.13.

Q.39 On page 77, section L.6, under “Required order Stage 1”, the RFP does not list Cover Page.

Can USAID confirm that Technical Proposals can include a cover page that does not count towards the 20-page limitation?

A.39 See Answer A.13.

Q.40 On page 75, section L.5, the RFP states: From the Stage 1 evaluation process, those proposals receiving an adjectival rating of “Satisfactory” or above will receive a “pass” and be invited to Stage 2. Can USAID confirm if offerors will be notified of the adjectival rating received under Stage 1, with the invitation to participate in Stage 2?

A.40 No.

Q.41 On page 83, section M.2, under “Stage 2 Management Structure Plan”, the RFP outlines three criteria that will be used to evaluate the written management structure plan. Can USAID confirm that the oral presentation will be evaluated using the same three evaluation criteria?

A.41 No, as stated in the RFP “For Stage 2, offerors will also conduct oral presentations which will be evaluated against the factors below.

➢ Oral Communication. To present in a clear, concise and organized manner. The team must convey an understanding of the nuances of their proposal.

➢ Interpersonal Skills. To interact in a constructive and cooperative manner; to work effectively as team players”

Q.42 Can USAID provide further guidance on the expected total level of effort for this activity?

A.42 This is not a LOE type contract.

Q.43 Can USAID provide a budget range for this activity?

A.43 See answer A10.

Q.44 Can USAID provide an exchange rate for this activity?

A.44 See Answer A.9

Q.45 Can USAID clarify if there is a character limit for the “Brief Description of Work

Performed” section of Attachment 2 – Past Performance Matrix?

A.45 There is no character limit, but the offerors should consider that this should be a brief description.

Q.46 Should offerors refer to the titles of personnel in the technical approach, rather than specific personnel given that personnel are not be evaluated in Stage 1 of the bidding process?

A.46 The offerors should refer only to titles of personnel/positions in the technical approach.

Specific personnel will be identified in Stage 2.

Q.47 Will USAID indicate when it plans to inform Stage 1 offerors whether they are invited to participate in Stage 2 of the procurement process?

A.47 Please see the updated procurement timelines in the cover page of the Amendment 01 of the

RFP.

Q.48 Does USAID anticipate the CJA project being housed within a government-owned building?

A.48 No.

Q.49 Does USAID expect the COP of the project to be a Kosovar national, at the beginning or at any point during the project?

A.49 There are no specific requirements in the RFP. Also see Answer A.24.

Q.50 Does USAID currently participate in a formal, regularly scheduled donor coordination meeting?

A.50 Yes.

Q.51 Can USAID confirm that offerors should include the names of the proposed sub-contractors during Stage 1, but that their roles and responsibilities will be presented during Phase 2?

A.51 The subcontractors should be identified in the Stage 1, and the offerors should describe how they will be engaged in the implementation of the proposed technical approach.

Q.52 Does USAID envision any grants under contract arrangements to support the implementation of objectives of the project?

A.52 No grants under contract are anticipated under the Commercial Justice activity.

Q.53 Section L.5 of the RFP states that USAID plans to conduct oral presentations with selected offerors (p. 76). Proposed key personnel are required to present proposals, along with up to three additional individuals designated by the offeror. Some offerors, however, may propose key personnel who are not currently in their employ and may be employed by other offerors instead. Requiring their participation in a pre-award presentation could potentially create a conflict of interest or otherwise harm their standing with their current employers. Some potential candidates have indicated that they do not want to participate in an oral presentation for these reasons. Additionally, since USAID has discouraged the use of exclusive agreements for key personnel, it is highly likely that several offerors will propose the same persons, particularly as Deputy Chief of Party and Leaders of Objectives 1 and 2. Under these circumstances, and to ensure a level playing field, would USAID consider requiring the presentation to be made by the home office technical director proposed in each offeror’s bid instead, with up to three additional individuals in support?

A.53 Please see the answer A.2

Q.54 Section L.5 of the RFP also indicates that only offerors receiving a “pass” on Stage 1 will be invited to participate in Stage 2, and that a “pass” requires an adjectival rating of “Satisfactory” or above (p. 75). Page 75 also has a table setting forth the criteria by which USAID intends to rank technical proposals from Exceptional to Unsatisfactory. Can USAID provide further guidance on: (i) how it intends to evaluate risk of unsuccessful contract performance; (ii) whether comprehensiveness, thoroughness, grasp, soundness, weakness, and similar terms used in the table will be evaluated based solely on the Technical Evaluation Criteria for Stage 1 set forth in Section M.2 pp. 82-83), or will it also consider criteria mentioned in other sections of the RFP (e.g., appreciation for likely problems to be encountered, uniqueness, innovation, etc.)?

A.54 In both stages USAID will evaluate technical proposals in accordance with section M.2 of the RFP. Rating of the proposals will be conducted in accordance with an adjectival rating system as presented in the table in section L.5.

Q.55 The RFP appears to indicate that Stage 1 (Technical Approach) will be graded on a pass/fail basis, and that offerors who pass this stage will then be graded on Stage 2 (Management Structure Plan). Section M.1(d) indicates that “non-cost criteria (technical approach, management structure plan and past performance), when combined, are considered significantly more important than cost factors.” (p. 82). Will each offeror’s technical approach only be evaluated for purposes of Stage 1, or will it be re-evaluated as part of the oral presentations (p. 83)? If technical approach is only considered for purposes of Stage 1, exclusive agreements are discouraged, and Key Personnel are required for the pre-award presentation, the factors in determining the award appear limited and weighted toward the offeror’s proposed Chief of Party (COP), potentially favoring the incumbent or offerors who currently employ their proposed COP.

A.55 This activity is not a follow-on; hence there is no incumbent. Additionally, this approach does not favor offerors who employ their proposed COP, as all offerors have the same amount of time to allow their proposed COP to familiarize him/herself with the technical approach. Technical proposals of offerors selected for Stage 2 will not be re-evaluated in Stage 2.

Q.56 CV for Key Personnel are limited to two pages each (p. 77). Does USAID have a preference for specific content? Is a full chronology of work experience required and, if so, can the offeror choose to provide greater detail on what it considers to be more relevant assignments and less on others?

A.56 USAID doesn’t have any preference; it is up to the offerors what relevant information they plan to include in the CV.

Q.57 Small businesses are encouraged to apply, yet there are several RFP provisions that appear to discourage their participation, such as the limitation of the base fee to 2% (p. 79) and limiting payment of the base fee to 85% per month (p. 9). Both large and small companies often borrow money to forward finance projects. Commercial lending rates are currently around 4% and rising. These costs cannot be recovered in the indirect rate or billed directly to the contract. Large contractors typically have more of a fee base to recover these costs in; small businesses often have fewer projects and a smaller fee base. These provisions can severely constrain and discourage small business participation, and do not fully recognize the costs of doing business. Will USAID consider allowing offerors to propose their own base fee and withdraw the 85% restriction on monthly payment?

A.57 No, the offerors should propose the base fee up to a maximum 2% and the payment will be made as stated in section B.8 of the RFP.

Q.58 USAID’s Guidance for Award Fee Contracting states, “An award fee contract provides an additional profit or fee amount that may be awarded, in whole or in part, based upon periodic evaluations of ongoing contractor performance.” Additionally, on pages 5 and 6 of that publication, the guidance states that if award fee concepts are successful in motivating the contractor toward the achievement of excellent or outstanding performance, then the expected result is a total fee amount greater than the fixed fee that might have been established, assuming use of a CPFF contract. Given that contractors will also be seeking to propose the lowest price, what if any safeguards can USAID put in place to ensure that the award fee will exceed the total fee amount than a customary fixed fee in this contract, particularly since the base fee cannot exceed 2%?

A.58 Base fee is fixed and cannot exceed 2%; however, there is no limitation on the offerors to propose the award fee, but they should consider the competitive environment, given that offerors will also be seeking to propose competitive pricing.

Q.59 Can USAID provide a local compensation plan?

A.59 See Answer A.8.

Q.60 Section L.7(b)(2) (p. 79) is missing the standard language for exemptions for small business offerors. Will USAID add these provisions to the RFP?

A.60 See Amendment 01 of the RFP

Q.61 Under Section L.7(g) (p. 81), are the Section K submissions required only for the Prime Offeror, for the Prime and major subcontractors, or for the Prime and all subcontractors?

A.61 Submission of Section K is required for Prime and major subcontractors.