Q&A_SOL#72016720R0000_Justice Activity.pdf

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The Justice Activity in Kosovo Federal contract opportunity
Solicitation number
72016720R00004
Issued by
US Agency for International Development Kosovo

About this file

This solicitation seeks proposals from qualified organizations to implement a Justice Activity in Kosovo over a five-year period. USAID/Kosovo will award one hybrid contract to provide rule of law and access to justice services. Eligible organizations include local Kosovar organizations, small businesses, veteran-owned businesses, HUB zone businesses, and women-owned businesses. Proposals are due by March 9, 2020, with an anticipated start date of July 2020. The solicitation encourages participation from local organizations and small businesses as prime contractors or subcontractors. Questions regarding the solicitation must be submitted to the points of contact by the specified date.

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Q&A_SOL#72016720R00004

Justice Activity in Kosovo

(Q&A) SOL#72016720R00004 Justice Activity

Q.1 May offerors propose to utilize grants under contract.

A.1 Offerors may propose the use of Grants Under Contract as part of their proposal. USAID will not give a plug figure anticipated for grants, that is up to offerors discretion and their proposed approach. USAID is not anticipating GUCs to partner government entities. The relevant clause related to Grants under Contract is included in section H of the RFP. See Amendment 01 of the

RFP.

Q.2 JSSP reports after 2018 and Justice Matters reports after the quarter ending in March 2019 are not available on the DEC. We request that USAID provide these reports to all offerors.

A.2 The relevant reports are now available on the DEC. If there are issues finding them, please let us know.

Q.3 Per Section B and Attachments 2 and 5, the award fee allocation covers only four years, while the Justice Activity is a five-year program. Please clarify.

A.3 See Amendment 01 of the RFP.

Q.4 Please clarify whether a Mobilization Plan is required with the proposal. Section F states so (page 16), but a Mobilization Plan is not included among the technical proposal annexes in Section L.

A.4 Mobilization Plan is required with the proposal. See Amendment 01 of the RFP.

Q.5 As “the Annual Report will take the place of the fourth Quarterly Performance Report” (page 18), we request that the Final Report replace the fifth Annual Report, too.

A.5 The fifth Annual Report must be separate from the Final Report.

Q.6 Sections H.4.D and H.4.E (page 28) are incomplete. Please clarify.

A.6 H.4.E was a typo and deleted, see Amendment 01 of the RFP.

Q.7 Please clarify whether key personnel references may be included on a separate page (beyond the two-page limit per resume).

A.7 The page limit for each CV including references is three (3) pages. See Amendment 01 of the RFP.

Q.8 The SOW Annex guidance on page 73 states that the SOW, among other things, should include “approaches, methodologies and interventions.” It would appear more logical for the SOW to focus on tasks and desired results, and for the Technical Approach to include responsive approaches, methodologies, and specific interventions. Including approaches and methodologies in both documents would seem repetitive and potentially confusing. We request that USAID limit the SOW to activity requirements, expected results, and deliverables, or provide further guidance about the content of the SOW.

A.8 See Amendment 01 of the RFP.

Q.9 Please clarify the following text that appears on page 75: “The compensation plan shall state the salary ranges for all proposed positions with the proposed/negotiated rate forming the upper limit for any given salary range.” This appears to suggest that all staff shall be proposed at the top of their salary range, which would imply that staff will not receive any pay increases during the five years of the program. Of course, it would be extremely difficult to recruit high-quality staff to work under such conditions and would call into question the purpose of the salary range. Please indicate whether instead "the proposed/negotiated rate should be within the compensation plan’s salary range".

A.9 See Amendment 01 of the RFP.

Q.10 The SOO (page 9) states that “[t]he Contractor must respond rapidly to unforeseen rule of law challenges” and then lists several specific prospective areas of intervention. May offerors use a plug figure in their budgets to account for such unforeseen challenges. If so, would USAID provide a specific dollar amount for offerors to use?

A.10 Offerors are expected to design a budget that fits their approach and that they believe is the most realistic. However, if unforeseen challenges arise, the Contractor can work with USAID to determine what current political and economic context may ultimately influence results. This is part of adaptive management.

Q.11 Considering the possible overlap of the periods of performance of the Justice Activity and Justice Matters, which may last over a year, please clarify whether any activities that are currently under Justice Matters are expected to be transitioned to the Justice Activity before Justice Matters is complete. Also, could USAID provide clearer guidance about what legal aid-related work is expected to be supported by the Justice Activity as compared to the work supported by Justice Matters?

A.11 The Justice Activity will seek to consolidate gains achieved by Justice Matters but it is not a continuation or a replication of it. It is up to the offeror to propose the type of work it deems necessary to achieve the goal of the Justice Activity. There will be a period of overlap and USAID requires both contractors to coordinate closely and effectively during the overlap period.

Q.12 Section B.2 of the RFP (page 7) notes that the Justice Activity in Kosovo will be a Hybrid Contract type and include a Cost-Plus-Award-Fee (CPAF) type contract for Contract Line Item Number (CLIN) 0002. All “personnel, material, equipment, supplies, facilities, and services” in addition to “all activities necessary for the performance of work” to achieve Objective 3 will fall under CLIN 0002. Using a CPAF type contract in this context creates an incentive to exceed required results for Objective 3. However, not allowing for the payment of a base fee for personnel, equipment, supplies, facilities, services, and work that the contractor furnishes under Objective 3 may discourage the contractor from taking risks that would be reasonable and worthwhile under other circumstances. Would USAID please consider negotiating a reasonable base fee only to cover financing and other unallowable costs that the contractor incurs in the ordinary course of business, with the balance of fee contingent on award fee determinations?

A.12 Offerors are reminded that cost-plus-award-fee contracts are cost-reimbursement contracts.

Offerors are required to follow the instructions and propose an Award Fee for CLIN 0002.

Q.13 Section C.6 (page 9) notes that the contractor may support the “implementation of outcomes of the

Functional Review of the Rule of Law Sector.” Could USAID please clarify whether the Functional

Review of the Rule of Law Sector is accessible in a public document? If so, could USAID please share the document as an attachment to the RFP?

A.13 The Ministry of Justice has ownership of the policy papers. The Ministry of Justice has made the analysis available on the EuropeAid website marked as preliminary draft documents. They are now available to all interested parties.

Q.14 Section F.6 (page 16) states that “The Contractor shall submit a Mobilization Plan as part of the proposal.” However, Section L does not mention the mobilization plan. Could USAID please clarify whether offerors should submit the mobilization plan as an additional annex to the technical proposal?

A.14 See answer A.4.

Q.15 Section H does not discuss grants under contract. Could USAID please clarify whether the Justice Activity in Kosovo may include grants under contract and whether the offeror may discuss grants under contract in the proposal?

A.15 See answer A.1.

Q.16 Section H.11(d) (page 30) states, “One annual increase 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 salary restriction appears inconsistent with AIDAR 752.7007, Personnel Compensation, which Section H.10 (page 29) incorporates into the Justice Activity in Kosovo contract. AIDAR 752.7007 stipulates that personnel compensation must comply with the contractor’s “established policies, procedures, and practices,” with reimbursement subject only to the USAID Contractor Salary Threshold. The salary restriction might preclude the contractor from complying with its established policies, procedures, and practices. Would USAID, therefore, please consider removing this salary restriction from the RFP?

A.16 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.17 Section H.11(g) (page 31) requires offerors to adhere to a Local Employee Compensation Plan.

This salary restriction appears inconsistent with AIDAR 752.7007, Personnel Compensation, which Section H.10 (page 29) incorporates into the Justice Activity in Kosovo contract. AIDAR 752.7007 stipulates that personnel compensation must comply with the contractor’s “established policies, procedures, and practices,” with reimbursement subject only to the USAID Contractor Salary Threshold. The salary restriction might preclude the contractor from complying with its established policies, procedures, and practices. Would USAID, therefore, please consider removing this salary restriction from the RFP?

A.17 Section H.11(g) is consistent with the limitations listed in Section H.11(a) and (d). See Amendment 01 of the RFP.

Q.18 The solicitation’s cover letter indicates that “All types of organizations are eligible to compete.”

Section H.21, Limitation on Subcontracting to Non-Local Entities (July 2014), is applicable to solicitations that limit competition to local entities as per ADS 302.3.5.17, Awards Limited to Local Competition. Would USAID please confirm that Section H.21 (page 34) does not apply to this solicitation?

A.18 Section H.21 (page 34) deleted; does not apply to this solicitation? See Amendment 01 of the RFP.

Q.19 Section L.6 (page 72) instructs offerors to submit the technical proposal in “Adobe Acrobat (PDF) format, along with a Microsoft Word Copy of the technical proposal body.” Section L.7 (page 73) indicates that the successful offeror’s Statement of Work, submitted as Annex A. will become Section C of the resulting contract. Could USAID please clarify whether offerors should submit just the proposal’s Technical Approach in Microsoft Word or the Technical Approach and Annex A in Microsoft Word?

A.19 Technical Proposal and Annex A SOW must be submitted in Adobe Acrobat (PDF) format, along with a Microsoft Word copy. See Amendment 01 of the RFP.

Q.20 Section L seems to have conflicting requirements regarding the inclusion of the Representations, Certifications, and Other Statements of Offerors in Section K. Section L.4 (f)(3) (page 70) calls for the completion of Section K, but Section L.9 (g) Part 7 (page 79) calls for “Portions of Section K not Available Online.” Could USAID please clarify which parts of Section K offerors should include in their submissions and whether offerors only need to include these sections for themselves or whether they should also include them for subcontractors?

A.20 Offerors must submit Section K under the Section L.9 (g) Part 7 of the RFP. Offerors are not required to submit Section K for their subcontractors. See Amendment 01 of the RFP.

Q.21 Page 3 of the Award Fee Plan attached to the RFP states, “the Award Fee Criteria and Weights for Evaluation Period 1 is different from the Award Fee Criteria and Weights for Evaluation Periods 2

– 6.” However, page 2 of the plan only lists two evaluation periods. Page 3 only lists one set of criteria and weights, and it does not clearly specify the period to which these criteria and weights apply. The Grading Table on pages 3 and 4 refers to “Evaluation Periods 1 – 6.” Could USAID please clarify the number of evaluation periods, each period’s duration, and which criteria and weights apply to each period?

A.21 See Amendment 01_Attachment 2_Award Fee Plan Justice Activity

Q.22 L.9(b)(1)(i) requires detailed budgets for the offeror and “each subcontractor.” Can USAID please clarify that it only requires only detailed budgets for Subcontractors which meet the definition of major subcontractor or meet the threshold for Consent to Subcontract?

A.22 The offerors must submit the detailed budget for all subcontracts requiring consent per the FAR clause 52.244-2.

Q.23 USAID has not included provisions to authorize Grants Under Contract (GUCs) in the RFP, nor is there a line for GUCs in the budget template that USAID provided. Can USAID please confirm whether offerors may propose the use of Grants Under Contract as part of this Activity?

A.23 See answer A.1.

Q.24 L.6: Please confirm that the text in tables may be in a font no smaller than 9 point.

A.24 Yes.

Q.25 L.5, paragraph 1: Can USAID please clarify whether the cover letter should be a separate, standalone PDF document or included in the PDF file with the full technical proposal.

A.25 Cover letter is not included in the page limit. It is up to the offeror’s preference.

Q.26 Could USAID please make recent quarterly and annual reports from the JSSP project available to offerors?

A.26 The relevant reports are now available on DEC.

Q.27 The Statement of Objectives (SOO) refers to “core justice institutions” in the introductory portion of Section C.5 (p.5) and repeatedly under Objectives 1 and 2. Under Objective 1, for example, the SOO says, “The people-centered service delivery improvement approach this Objective will introduce to improve quality will include interventions that facilitate proactive engagement of justice seekers by core justice institutions and service providers, i.e. courts and legal aid offices…” (top of page 6). The next paragraph notes that such an approach, “will also introduce means to improve the accessibility of justice services,” including “increasing collaboration between justice and legal service providers,” and “support more holistic, multi-sectoral approaches to addressing the socio-economic and health implications of immediate justice needs and legal problems unmet over time.” Page 6 goes on to state that while the focus of Objective 1 interventions “must be oriented toward improving the quality and accessibility of justice services through capacity building and related technical assistance interventions at the community level, the Contractor must also work with key institutions and actors responsible for the administration of and access to justice services.”

At the bottom of page 6, the SOO notes that the Contractor must ensure, among other things, that “Justice, legal and social service providers partner to remedy justice needs and improve user experiences and outcomes more holistically.”

To clarify the scope of program activities and potential counterparts, would USAID kindly:

a) Confirm whether “core justice institutions” means courts only and does not include, for example, prosecutor offices, police, and/or free legal professions unless otherwise noted; and clarify whether the term “justice institutions” (e.g., as used at the bottom of p. 6 of the SOO) is broader than “core justice institutions.”

b) Confirm whether “service providers” means “legal aid offices” only and does not include, for example, free legal professions, social services, etc. unless otherwise noted.

c) Clarify whether “legal aid offices” means: (i) regional legal aid offices and mobile legal aid offices established by the Council for Free Legal Aid Council (the Council) in accordance with the Law on Free Legal Aid (LFLA); (ii) regional legal aid offices and mobile legal aid offices established by the Council in accordance with the LFLA, and/or attorneys who provide free legal aid according the LFLA, and/or NGOs that provide free legal aid in accordance with the LFLA under contract or in partnership with the Free Legal Aid Agency (i.e., physical and legal entities that provide free legal aid under the LFLA only); and/or (iii) any NGO or other legal entity and/or attorney that provides pro bono legal services or legal services free of charge (or on a sliding scale), whether or not those services are provided under the LFLA and supervision of the Council and/or Agency for Free Legal Aid.

d) If “legal aid offices” means only (i) and/or (ii) under question c) above, clarify whether for the purposes of expanding access to legal services, the Offeror may propose to assist NGOs, private sector entities, or others who provide or are qualified to provide legal information/services to individuals free of charge without receiving state funding. A broader definition may allow greater flexibility to identify and implement innovative approaches.

e) Clarify whether “justice service providers,” as distinguished from “legal service providers” in the last sentence of quoted text from Objective 1 above, also means courts only or includes other justice institutions and/or professions, such as prosecution, mediation/mediators, enforcement of judgments/enforcement officers, notaries, police, etc.

f) Clarify whether “legal service providers,” as distinguished from “justice service providers” in the last sentence of quoted text above, is the same as “service providers” unless otherwise noted; or if “legal service providers” is a broader term that also includes, for example, CSOs that provide legal information or advice, attorneys who provide services to clients on a fee-basis, and/or other legal service providers such as notaries and other free legal professions.

A.27 This answer applies to all bullets a) through f). As part of section M.3, the offeror’s proposal must be contextually appropriate. Offerors should do their due diligence to understand and convey what these terms mean in the Kosovo context.

Q.28 Under Objective 1, may Offerors propose interventions or approaches that require provision of assistance to justice institutions such as prosecutor offices, police, free legal professions, or to other entities (e.g., social service agencies, local government, NGOs, private sector entities) to achieve Objective 1 results or additional results associated with improving quality and accessibility of justice services in Kosovo?

A.28 USAID is not authorizing direct support to law enforcement, but offerors may propose assistance to other relevant entities.

Q.29 Would USAID kindly elaborate on its vision for supporting “more holistic, multi-sectoral approaches to addressing the socio-economic and health implications of immediate justice needs and legal problems unmet over time” under Objective 1 (SOO p. 6)?

A.29 Offerors should do their due diligence to understand and convey what these terms mean in the Kosovo context.

Q.30 Under Objective 1, does USAID envision the Contractor assisting entities other than courts and legal aid offices (however defined) in developing new justice services for the purposes of “facilitating multiple pathways to justice and dispute resolution at the grassroots level” (SOO p.6);

assisting courts and legal aid offices to collaborate with others to ensure that justice seekers can gain access to justice services through multiple routes/channels, or access other dispute resolution services outside of the formal justice system; and/or assisting the courts and legal aid offices to deliver dispute resolution services not currently available to litigants?

A.30 This is up to the offeror to decide based on their research.

Q.31 If the Justice Activity’s term overlaps with that of Justice Matters, does USAID envision the Justice Activity working with legal aid offices and other Justice Matter beneficiaries to improve the quality of, and access to, legal and justice services in collaboration with Justice Matters’ comparable work to improve capacity to meet the public’s need for free legal aid and increase demand for legal services through information campaigns? Alternatively, does USAID envision that Justice Activity interventions will be sequenced to build upon the institutional- and capacity-building outcomes of Justice Matters following its completion of associated activities?

A.31 See Answer A.11.

Q.32 Objective 2 appears to address the broader justice system, value chain of justice services, and full spectrum of justice service providers and justice promoters. For example, the first paragraph of Objective 2 states, “People-centered justice requires effective citizen understanding, engagement, and trust of the justice system. This Objective will therefore facilitate and strengthen collaboration between core justice institutions and service providers, law enforcement, government authorities, civil society organizations and citizens in finding solutions to problems of critical concern to the public and individual justice seekers in Kosovo.” (SOO p. 7) The SOO also notes that “the Contractor must work across the full spectrum of justice and rule of law promotion stakeholders in Kosovo to forge relationships, commitments, and capabilities for effective public communications and engagement, open justice, social accountability, and citizen oversight, and collaboration in finding solutions to Kosovo’s justice and rule of law challenges.” (SOO p. 8) Would USAID please clarify the following:

a) Is Objective 2 designed to provide assistance to a broader cross-section of justice institutions and service providers than is envisioned under Objective 1? Does the list of actors identified in the first paragraph of Objective 2 apply to all activities in which justice institutions are implicated under Objective 2, or does USAID envision differentiation across activities?

b) Does USAID envision the Contractor providing direct assistance (e.g., training) to build the capacity of justice institutions such as law enforcement, prosecutors, free legal professions, etc.

to achieve Objective 2 results? Alternatively, does USAID envision more limited assistance to these other justice institutions under any of the activities under Objective 2 (e.g., including law enforcement and other justice institutions in activities and facilitating their participation in developing people-centered solutions)?

c) If innovative solutions to address critical justice needs require interventions by multiple justice institutions or other government entities, may the Contractor provide assistance to these other justice and government institutions to implement such solutions?

A.32 This answer applies to all bullets a) through c). USAID is not authorizing direct support to law enforcement; the remainder of the questions are left to the offeror to decide based on their research.

Q.33 7. May Offerors propose grants under contract? If so, will USAID insert a related clause in the

RFP?

A.33 See answer A.1.

Q.34 Can USAID provide an estimate of the relative level of effort and proportion of the overall budget to be devoted to each Objective? Can it also provide an estimate of the relative proportionate value of assistance it envisions for core justice institutions/courts and service providers/legal aid offices, respectively?

A.34 Offerors are expected to design a budget that fits their approach and that they believe is the most realistic.

Q.35 Section I.1 (RFP p. 41) includes AIDAR clauses 752.245-70 Government Property and 752.245-71 Title to and Care of Property. Would USAID please clarify the following:

a) Does USAID intend to provide the Contractor with Government property? If so, what does it intend to provide?

b) Does USAID intend for all property purchased by the Contractor to be titled in the name of the host country?

A.35 USAID will not provide Government Property for this activity. Offerors should account for it in their cost proposal.

Q.36 Section I.5(a) (RFP p. 46) refers to Serbia twice. Please confirm that Kosovo should be cited rather than Serbia.

A.36 See Amendment 01 of the RFP

Q.37 Section F.5 (p. 15) indicates that “the contractor must furnish the following positions deemed key personnel,” and then lists the Chief of Party, Deputy Chief of Party, and three “TBD” positions that “are considered essential to the work being performed under this contract.” Comparatively, Section L.8.a states that, while “Offerors must propose a Chief of Party (COP) and Deputy COP (DCOP),” they “may propose up to three additional key personnel roles.” (RFP p. 73) Are Offerors required to propose any or all of the three TBD positions, or is proposing the three additional positions at each Offeror’s discretion?

A.37 Offerors must propose a Chief of Party and Deputy Chief of Party. For the remaining key personnel positions, the offeror may propose up to three TBD positions at their discretion.

Q.38 Section F.6.a (RFP p. 16) requires Offerors to submit a Mobilization Plan as part of the proposal.

Would USAID consider adding “Appendix F: Mobilization Plan” to the list of Annexes under Section L.6 (RFP p. 73)?

A.38 See answer A.4.

Q.39 Section L.6 (RFP pp. 72-73) does not establish page limits for Annexes. Can USAID confirm that there are no page limits for Annexes, other than the limits placed on CVs and letters of commitment in Section L.8 (RFP p. 74)?

A.39 Correct; there are no page limits for Annexes, other than the limits placed on SOW, CVs and letters of commitment.

Q.40 Section L.6 of the RFP (p. 72) states that text in graphs and charts must not have a font size smaller than 9-point. Is this also true for text boxes – i.e., can text boxes also be in 9-point font?

A.40 Yes.

Q.41 Section L.8(a) of the RFP (p. 73) states, “The skill set for the proposed key personnel must include at minimum the following ….” Would USAID please clarify whether each individual proposed must meet each item listed at the top of page 74, or whether key personnel can cover these requirements collectively (as a team)?

A.41 The skill set for the proposed key personnel collectively must include at a minimum the requirements on the top of page 74. See Amendment 01 of the RFP.

Q.42 Under Section L.8(a), the first item in the list of skills required (RFP p. 74) is “demonstrated experience managing and implementing rule of law (administration of justice and access to justice) projects.” Is the required experience implementing both administration of justice and access to justice projects, or does experience implementing either type of project meet the requirement?

A.42 Either type of experience meets the requirement.

Q.43 Section L.8(a) (RFP p. 74) requires that Offerors submit “individual names, CVs, and references for the COP, the DCOP, and other proposed Key Personnel positions” in Annex C. “The page limit for each CV is two (2) pages. Each individual proposed must also provide three references. Is this “reference information” included in the 2-page limit for CVs, or may Offerors provide it for each proposed key personnel on a separate page?

A.43 See answer A.7.

Q.44 Section L.8(c) (RFP p. 74) requires “an approach for recruiting local and regional short-term technical assistance (STTA) and the method to strategically use resources, local professionals, local organizations, and sub-contracts.” May Offerors propose STTA from outside of the region to provide specialized assistance or expertise?

A.44 Offerors may propose STTA from outside of the region.

Q.45 May Offerors propose costs for equipment, software, and/or other supplies for beneficiaries to the extent necessary to achieve program results?

A.45 Offerors should account for these costs in their cost proposal.

Q.46 Attachment 4 - the mandatory budget format - breaks out CLIN 0001 and CLIN 0002 only as totals for all 5 years of the contract. In the detailed budget, does USAID intend that each item in the detailed budget (e.g., each employee, each item of COP allowances, each item of ODCs, etc.) be allocated between the two CLINs, or just the total Labor, total ODCs, etc., be allocated between the two CLINs?

A.46 USAID prefers that each item in the detailed budget be allocated between two CLINs.

Q.47 With regard to Section L.9(b)(2) (RFP p. 75), please confirm that only personnel positions assigned to the Kosovo office need be included, and that home office personnel positions need not be included.

A.47 Compensation plan must also include Home Office positions.

Q.48 For Section L.9(b)(4) (RFP p. 76), is indirect cost information required only for the prime Offeror, or is it required for major subcontractor(s) also?

A.48 The indirect cost information is required for each cost-reimbursement or time-and-materials type subcontracts.

Q.49 Under Section L.9(g) (RFP p. 79), is Section K required only for the prime Offeror, or is it required for major subcontractors or for all subcontractors as well?

A.49 Section K is required only for the prime Offeror.

Q.50 Page 16 states that the mobilization plan is to be submitted as part of the proposal. Should this be included as an annex to the technical proposal?

A.50 See answer A.4.

Q.51 Should the offeror provide budgets for only major subcontractors who will receive over 20% of the proposed cost?

A.51 See answer A.22.

Q.52 Does USAID envision an amount to be set aside for rapid response issues that may arise during the course of the project, with potential tasks listed on page 9-10 of the Statement of Objectives?

A.52 Offerors are expected to design a budget that fits their approach and that they believe is the most realistic.

Q.53 Should the offeror propose an award fee table as shown in Attachment 5_Budget Template, Proposed Award Fee Allocation, which states, "Please provide Award Fee allocation requested for each period and the totals," or will the award fee table be determined upon contract award, including dates of each evaluation period and amounts for each period, as stated on page 10 of the

RFP?

A.53 Offerors must propose Award Fee allocation for each period and total; dates will be determined up on contract award.

Q.54 The most recent JSSP quarterly report available on the DEC is from June 2018. Can USAID provide bidders with all JSSP reports since that date?

A.54 The relevant reports are now available on DEC.

Q.55 Is the Personnel and Management Approach (pp. 72-74) included as part of the 20-page technical proposal length?

A.55 Yes.

Q.56 Does USAID envision any grants under the contract, particularly under Objective 3?

A.56 See answer A.1.

Q.57 What is the estimated start date for the project?

A.57 On or about July 2020.

Q.58 How does USAID envision the budget breakdown between Objectives 1, 2, and 3?

A.58 See answer to A.34.

Q.59 Section H.12 Language Requirements indicates that non-key personnel and consultants shall have English and Albanian and/or Serbian language proficiency as needed to perform technical services.

Under certain circumstances, will USAID consider English-speaking consultants (who may not have Albanian and/or Serbian in addition to English)?

A.59 Yes. See Amendment 01 of the RFP

Q.60 Section L.6 (pages 72-73) specifies a limit of 20 pages for the technical proposal, excluding certain sections (cover page, acronyms, executive summary, annexes). Could USAID confirm that the technical proposal to which the 20-page limit applies is composed of #5 “Technical Approach” and #6 “Personnel and Management Approach”?

A.60 Yes.

Q.61 Sections L.6-L.7 (pages 72-73) requires a “Statement of Work” to be included as Annex A. Is there a page limit for the SOW?

A.61 The page limit for the SOW is 15 pages. See Amendment 01 of the RFP.

Q.62 Could USAID confirm that there is no preliminary Monitoring, Evaluation, and Learning (MEL) Plan required for the proposal?

A.62 Monitoring, Evaluation, and Learning Plan is not required with the proposal.

Q.63 On Page 30, Consultants, are locally employed interns considered consultants that require prior written concurrence of the COR?

A.63 Requirements in section H.11(e) of the RFP apply for locally employed interns as well.

Q.64 Is there a plug figure/ percentage of effort anticipated for CLIN 0001 and CLIN 0002?

A.64 Offerors are expected to design a budget allocated to CLIN 0001 and CLIN 0002 that fits their approach and that they believe is the most realistic.

Q.65 Are a range of instruments permitted under CLIN 0001 and CLIN 0002, including grants under contracts, CPFF sub-contracts, and CPAF sub-contracts?

A.65 Yes.

Q.66 Regarding Past Performance, could USAID confirm that cooperative agreements may be submitted to indicate past performance?

A.66 Offerors may submit relevant cooperative agreement information, which demonstrates feedback for their performance.

Q.67 Regarding Page 78, Letters of Commitment (Subcontractors). Will local contractors be precluded from competing for future sub-grants or sub-contracts under the Activity?

A.67 During implementation this will be discussed with the awardee on a case by case basis.

Q.68 If local subcontractors provide Letters of Commitment and budgets at the proposal stage, is this considered a conflict of interest to compete for future activities?

A.68 During implementation this will be discussed with the awardee on a case by case basis.

Q.69 On Page 71, Venue. Could USAID consider delivery of oral presentations in-person rather than via

VTC? If not, will USAID indicate a preferred VTC tool?

A.69 USAID is not considering conducting oral presentations in-person. USAID will provide advance notice about VTC tools that will be used for oral presentations.

Q.70 Under page 10, there was no published WJP country study for Kosovo as of 2019. Will the activity fund the country study for Kosovo?

A.70 USAID has supported the World Justice Project’s (WJP), and the 2020 index will include data for Kosovo for the first time.

Q.71 Would USAID consider extending the submission deadline by one day to a Tuesday which would allow for final preparation and submission during a US business day instead of a weekend?

A.71 Proposals submission due date is COB DC Time, March 9, 2019.

Q.72 Grants are mentioned in several parts of the RFP including under J. Demobilization Plan, RFP pg.

19. The RFP does not expressly require Grants under Contract (GUC) or provide a plug number for grants. Does USAID expect grants to be used to support implementation of this activity? If so, can USAID please provide a plug number and CLIN designation?

A.72 See answer A.1.

Q.73 Would USAID consider extending the CV/resume page limit to three pages? The USAID template includes a key qualification box and an executive summary, leaving limited space for remaining key personnel CV information.

A.73 Se answer A.7.

Q.74 SOO, p. 9: Does USAID have a particular vision for the Justice Innovation Incubator as described in Objective 3?

A.74 Up to the offeror to propose based on their research.

Q.75 SOO, p. 12: Is the 2014-2020 CDCS a reference to the FY 2014 – FY 2018 CDCS document that is available online?

A.75 The SOO refers to USAID/Kosovo’s Country Development Cooperation Strategy (CDCS) 2014-2020.

The Strategy is publicly available to all interested parties here.

Q.76 SOO, p. 12: When does USAID anticipate that the new Kosovo CDCS would be available?

A.76 The new Kosovo CDCS will become publicly available once completed.

Q.77 RFP L.8 (a) Key Personnel: The position descriptions will be provided as an annex, but the description of how qualifications and experience will assist in achieving the objectives, including https://www.usaid.gov/sites/default/files/documents/1863/Kosovo_Extended_and_Revised_Country_Development_Cooperation_Strategy_2014_-_2020_External_Version.pdf

LOE, are requested in the body of the technical approach. Would USAID consider integrating all the information into a single, consolidated annex instead?

A.77 No.

Q.78 In Section L.8 (c) Management and Staffing Plan, the RFP requires the Offeror to provide an organization chart showing the overall staffing plan as part of the management and staffing plan (Annex E). Can USAID clarify which elements of the management and staffing plan FY 2014 – FY 2018 and which should be included in Annex E?

A.78 Sections L.8 (b) & (c) should be included in the Personnel and Management Approach. Sections L.8 (a), (d) and organizational chart should be under the respective annexes as described in the RFP.

Q.79 RFP L.9 (b) 2: Could USAID provide a copy of the Kosovo’s LCP range and FSN Scale?

A.79 USAID will provide only the minimum and maximum range of Kosovo’s LCP. Offerors should establish positions and respective salary ranges based on their policies and practices.

Q.80 RFP L.9 (d): What is the total number of PPRs required from the contractor and major subcontractors?

A.80 No limit but the information should be relevant to the size and the scope of the Justice Activity

Q.81 RFP L.9 (f) Part 6: Branding and Marking Plan. Can USAID confirm this plan should not be included with the proposal at this time, since the RFP instructions indicate that Branding and Marking Plans will be explicitly requested by the Contracting Officer following proposal submission?

A.81 Branding and Marking Plan is not required with the proposal.

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