Questions and Answers - 72016723R00004 Amendment 1.pdf

RFP Amendment 1 Date of Issuance: January 24, 2023

Closing Date and Time: February 24, 2023, at 9am Kosovo Time

Subject: Amendment No. 1 to the Request for Proposals (RFP) # 72016723R00004

Activity Title: USAID/Kosovo ADAPT Activity

The purpose of this amendment is to:

a) provide answers to the questions submitted by interested offerors; and

b) to amend the original solicitation.

The original RFP#72016723R00004 is deleted in its entirety and replaced with the attached RFP included.

Sincerely, Patricia Siaso Contracting Officer

RFP No. 72016723R00004 USAID/Kosovo Adapt Activity

Questions and Answers

USAID/Kosovo ADAPT Activity

1. Question 1: We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services.

Answer: This is a new contract/activity. USAID confirms that there was no incumbent performing this activity.

2. Question 2: Would USAID kindly provide a telephone number for offerors to confirm timely receipt of their proposals, in the event that an email acknowledgement has not been received immediately prior to the closing date and time?

Answer: USAID confirms that Offeror will receive a timely email confirmation without any exceptions.

3. Question 3: Please confirm that offerors may include a one-page cover sheet that does not count against the page limits for the technical proposal.

Answer: USAID confirms that offerors may include one-page cover sheet that does not count against the page limits for the technical proposal. See Section L.6 of the Solicitation.

4. Question 4: Since proposals will be submitted electronically, please confirm that USAID will accept electronic signatures, including where “original” signatures are specified as a requirement (such as on the SF 33 to be submitted within the cost volume).

Answer: Correct. USAID confirms that electronic signatures are acceptable.

5. Question 5: Section B.5, page 6 states: “…a Major Subcontractor is a subcontractor that is performing 20% or more of the contract, or is deemed critical by the offeror in achieving the objectives and tasks in the contract.” However, Section L.9(d), Part 4 (Past Performance) states that a major subcontractor is “one whose proposed cost exceeds 20% of the Offeror’s total proposed cost.” Please confirm that the definition of major subcontractors in Section B.5 applies.

Answer: Definition of Major Subcontractor in Section B.5 of the Solicitation applies. Section L.9(d), part 4 (Past Performance) of the Solicitation has been updated accordingly.

6. Question 6: Section F.5.2 (page 16) requires that offerors include a Quality Assurance Surveillance Plan “(to be submitted with offers).” Since there is no reference to a QASP in

Section L (Instructions to Offerors), please confirm that a QASP is not being requested at the proposal stage?

Answer: Correct. QASP is not requested at the proposal stage. Section F.5.2 of the Solicitation is updated accordingly.

7. Question 7: Section H.4.a(1) (p. 28) states that “Nor may any individual initial salary or wage, without approval of the Contracting Officer, exceed greater than 5% of the employee's current salary or wage, or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years.” This requirement may be inconsistent with AIDAR

752.7007 Personnel Compensation, incorporated in Section H.3 (page 27), which states that personnel compensation “shall be in accordance with the contractor’s established policies, procedures, and practices”, with reimbursement subject only to the USAID Contractor Salary Threshold, and may prevent contractors from following their established policies, procedures, and practices, as required by AIDAR 752.7007, and could require that contractors violate prohibitions on obtaining prior salary history from prospective employees. May USAID therefore remove the limitation on initial salaries in H.4.(a)(1)?

Answer: Correct. Section H.4 (a) (1) of the Solicitation has been updated accordingly.

8. Question 8: Section H.4(d) Annual Salary Increases (p. 28) states that “one annual increase of not more than 3% may be granted after the employee’s completion of each twelve month period of satisfactory services under the contract” and requires advance written approval from the Contracting Officer for salary increases of any kind exceeding this limitation. However, current and projected annual rates of inflation in Kosovo and the United States significantly exceed 3%.

Contractors may reasonably be expected to offer annual salary increases greater than the limitation at H.4(d) in order to remain competitive on local and international labor markets, creating a significant administrative burden for contractors to comply with this requirement.

May USAID therefore remove this limitation on annual salary increases or, alternatively, increase the limit on annual salary increases to 5%?

Answer: As stated in the RFP, annual salary increases of any kind exceeding the 3% or exceeding the USAID Contractor Salary Threshold (CST) specified under AIDAR 752.7007 may be granted only with the advance written approval of the Contracting Officer.

9. Question 9: Section K.2(b), page 63 states “all offerors must submit the information required in paragraphs (d) through (f) of this provision…” and Section L.4(f)(3), page 87 cites “Submission of information required by Section L or any other section of this RFP” as a condition of offer acceptability. However, Section L.9 does not request Section K as part of the cost proposal.

Assuming that offerors should provide Section K, Representations and Certifications, as part of the cost proposal, may it be submitted as Annex 1 to Part 3 – Evidence of Responsibility?

Answer: Yes, USAID will accept Section K as part of Cost Proposal.

10. Question 10: Section L.6 (page 88) requires a draft MEL Plan as Annex 3, with a limit of 2 pages. However, we note that the template provided as Attachment J.3 is 8 pages long. Would USAID consider increasing the page limit for the summary MEL Plan in Annex 3 to 8 pages?

Answer: USAID confirms that there is no page limitation on Annex 3 - Monitoring, Evaluation and Learning Plan (MELP). Offerors must use the template provided in Attachment J.5 for the MELP plan. Section L.6 of the Solicitation is updated accordingly.

11. Question 11: Section L.8(a) on page 90 requests 3-page Key Personnel CVs with professional references that include the relationship of the referee to the proposed candidate. Would USAID consider accepting the references on a single page separate from the CV? Offerors could then provide USAID with more complete context about the relationship, while utilizing all 3 pages of the CV to present candidates’ experience and qualifications.

Answer: USAID confirms that we will accept a 3 page Resume/CV and 1 page for references for each Key Personnel.

12. Question 12: Section L.9(b)(3) Indirect Cost Information (p. 93) states at subsection (i) that “…the offeror shall propose ceilings on their final indirect cost rates which will be included in Section B.6 at the time of contract award.” However, USAID’s “Best Practices for Indirect Costing” (300mah_111714) states that “USAID awards should reflect the exact indirect cost rates established in the current governing NICRA. Only in exceptional circumstances should a cost reimbursement type USAID contract or grant contain an indirect cost rate which deviates from the government-wide NICRA rates for a U.S. firm.”

Additionally, FAR 42.707 lists limited situations when it would be prudent to establish a final indirect cost rate ceiling in a contract or grant, namely: (a) cost-sharing arrangement, when authorized; (b)(1) when the proposed contractor: (i) is a new or recently reorganized company where there is no past or recent record of incurred indirect costs; (ii) has a recent record of a rapidly increasing indirect cost rate; or (iii) seeks to enhance its competitive position.

Given that there are no cost-sharing arrangements contemplated in the solicitation, may USAID consider removing the requirement at L.9(b)(3)(i) that offerors propose ceilings on their final indirect cost rates or, alternatively, confirm that this requirement only applies to offerors lacking a government-wide NICRA?

Answer: USAID confirms that this requirement only applies to offerrors without a

NICRA.

13. Question 13: Section L.9(b)(3) Indirect Cost Information (p. 93) is followed by Section L.9(b)(5) Fixed Fee (p. 95). May USAID kindly confirm that no required sections have been omitted from Section L.9(b)?

Answer: USAID confirms that there was an omission. Section L.9 (b) has been updated accordingly.

14. Question 14: Section L.9(d) Part 4 (p. 95) states that “Offers must not submit past performance information for contracts in CPARS.” However, we have identified past performance information in CPARS that has not been updated to reflect offeror’s status as the successor in interest to contracts relevant to USAID’s evaluation of past performance. To assist USAID in locating relevant past performance information in CPARS, may offerors submit, in the format provided in Attachment J.6/Attachment 3, the contract number and contracting entity for relevant contracts that have not yet been updated in CPARS?

Answer: USAID will accept any information on awards that have not been updated in

CPARS.

15. Question 15: Attachment J.1, Program Objectives, Objective 3 (page 104) states “Facilitate adaptation and mitigation through things such as smart agriculture, smart cities, smart construction, smart education, smart transport, circular economy and smart relief from natural disasters.” May USAID confirm that this paragraph refers to “climate smart agriculture, climate smart cities, climate smart construction, climate smart education, climate smart transport, circular economy, climate smart relief from natural disasters”?

Answer: USAID confirms the paragraph refers to climate smart agriculture, climate smart cities, climate smart construction, climate smart education, climate smart transport, circular economy, and climate smart relief from natural disasters.

16. Question 16: Past performance: could USAID please specify the number of projects for which CPARS/past performance information may be submitted by the prime offeror?

Answer: USAID will accept up to the latest five (5) CPARS/Past Performance information on the prime offeror.

17. Question 17: Past performance: could USAID please allow inclusion of projects done under cooperative agreements and grants to be used for past performance in addition to contracts?

Restricting past performance to contracts will exclude numerous relevant and qualified partners, especially local organizations, from competition.

Answer: Yes, USAID will take into consideration past performance under assistance mechanisms in addition to past contracts.

18. Question 18: Subcontracting plan: could USAID please provide the FY23 small business subcontracting goals for the development of an OSBU-compliant Subcontracting Plan?

The Subcontracting Plan Template linked in the RFP.

(https://www.usaid.gov/business/small_business/subcontracting-program) contains FY21 goals (see page 2).

Answer: USAID FY23 Small Business Subcontracting template is not currently available.

19. Question 19: Program Objectives (RFP pages 103-104): This section states “This Activity will be achieved through four mutually supportive objectives:…” but only lists 3 objectives. Can USAID please confirm this is a typo and that there is no fourth objective?

Answer: USAID confirms that there is not a fourth objective. Solicitation has been updated accordingly.

20. Question 20: Format (Section L): could USAID please confirm that textboxes, tables, and graphics are included in “charts and graphs” and as such can have fonts no smaller than 9 pt?

Answer: USAID confirms that textboxes, tables, and graphics are included in “charts and graphs” and that the font cannot be smaller than 9pt.

21. Question 21: RFP Page 105: Is the Grants Under Contract mechanism intended to support interventions under all three objectives?

Answer: USAID confirms that the Grants Under Contract (GUC) are intended to support interventions under any of the objectives, as long the offeror does not exceed the $2.6 million set aside for GUC.

22. Question 22: Given that the GUC mechanism is stated to be "an optional and not required component, can offerors exceed the "approximately $2.6 million" amount? Are there any additional guidelines or stipulations regarding the fund's budgeted amount?

Answer: USAID confirms GUC cannot exceed the $2.6 million amount. There are no any additional guidelines besides what has been provided on the RFP.

23. Question 23: RFP Page 104-105: Objectives 2 and 3 list a range of stakeholders to engage to raise awareness and support climate smart initiatives; however, in the Grants Under Contract paragraph, it states, "$2.6 million to the private sector [emphasis added] for continued expansion of climate initiatives..." (A) Are types and legal forms of entities other than private sector companies eligible to be supported under the GUC component? These could potentially include NGOs; sector and citizen associations; academic or research institutions; local https://www.usaid.gov/business/small_business/subcontracting-program

(municipal) self-governments; and other types of stakeholders and/or partnerships composed of different stakeholder groups. (B) If GUCs are restricted to the private sector, does this imply GUCs should be issued directly to individual firms, given that foundations, associations, and institutes are technically NGOs under Kosovo law?

Answer: The range of stakeholders are private sector companies as well as associations, NGO's and similar. USAID does not anticipate any grants to a US organization under this contract. No GUCs will be made to partner government entities.

24. Question 24: RFP Page 105: The Grants Under Contract paragraph states that "no GUC will be provided to any government entity." Does this apply only to national government entities such as ministries? Can public and academic institutions and local (municipal) self-governments be GUC recipients? Examples might include the University of Pristina and its faculties or the Department of Meteorological and Hydrology (Air Quality).

Answer: USAID confirms that “no GUC will be provided to any government entity.” This applies to national government entities, local government (municipalities) and public/academic institutions.

25. Question 25: RFP Page 105: Under Results, the paragraph states that "a Quality Assurance Surveillance Plan (QASP) will be incorporated..." Can USAID please confirm that the QASP will be developed during program startup, and that it is not required at the proposal stage?

Answer: Correct. QASP is not requested at the proposal stage. Section F.5.2 of the Solicitation is updated accordingly.

26. Question 26: RFP Page 105-106: Are the expected results listed illustrative or required? Can they be modified, added to, and/or substituted with others in line with our approach?

Answer: No, these are the expected results and are required. However, there can be more results that can be added to your proposed approach.

27. Question 27: RFP Pages 106-107: Some of the Guiding Principles seem geared toward private-sector competitiveness, business environment, private-sector capacity and related areas, while the objectives are more related to climate change mitigation, adaptation, awareness raising, and climate-smart initiatives. In line with the stated objectives, might other and/or additional guiding principles be employed?

Answer: The activity's purpose is to increase public and private sector awareness and demand for climate smart initiatives, and to improve Kosovo’s capacity to adopt and implement policies and technologies that support climate change mitigation and adaptation, ultimately resulting in a resilient environment and more economic sustainability for Kosovo citizens. The guiding principles described in the RFP apply to the purpose of the activity.

28. Question 28: With regard to clause H.4(e) Consultants, our expectation is that the applicable clauses and requirements for selection and Contracting Officer consent of consultants are 52.244-2 Subcontracts and 52.244-5 Competition in Subcontracting. For establishment of a subcontract template, could USAID please identify the required FAR flow-down clauses to include in the consultant subcontract?

Answer: Section H.4 (e) of the Solicitation has been updated accordingly. Unless the consultant is an employee of the contractor, they are considered subcontractors subject to the applicable clauses 52.244-2 requirements.

29. Question 29: The deliverables schedule table (p. 14) notes that quarterly accruals will be due 15 days after the quarter, while p. 18 notes that “Quarterly Accruals Reports must be submitted no later than the fifteenth (15th) day before the completion of each quarter.” Would USAID please clarify the reporting schedule for quarterly accruals?

Answer: USAID confirms that quarterly accruals will be due 15 days before the end of each quarter. The deliverables schedule table has been corrected to reflect the information.

30. Question 30: Section H.4(d) (p. 28) limits offerors to administering 3% annual salary increases to long-term project staff. Furthermore, contracting officer approval is required [Section H.4(a)(1), p. 27] for any initial salaries that “exceed greater than 5% of the employee’s current salary or wage, or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years.” We respectfully request that USAID remove these salary restrictions from the RFP because they appear to be inconsistent with AIDAR 752.7007 Personnel Compensation, incorporated in the contract under Section H.3(a) (p. 27), 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.

Answer: The language in section H.4 (a)(1) (p.28) is revised to align with Section H.3. USAID confirms that direct compensation of the Contractor’s personnel shall be in accordance with the Contractor’s established policies, procedures, and practices, and the cost principle applicable to this contract.

31. Question 31: Sections H.9 (p. 34-35) and H.11 (p. 37-38), which concern limitations on acquisition of information technology, are duplicative. Would USAID please consider removing Section H.11 from the RFP?

Answer: USAID confirms the removal of the duplicate clause from the RFP.

32. Question 32: Section H.19 (p. 44) requires contracting officer approval of the grants manual prior to publicizing any funding opportunity. Would USAID consider removing this bullet (the seventh in that list of eight) to facilitate a more rapid startup? Offerror would not sign any grants until the manual is approved, but having the flexibility to release NOFOs earlier in the process would allow us to identify grantees and award grants under contract more quickly.

Answer: USAID confirms that the Contracting Officer must approve the grants manual prior to issuing any funding opportunity. The requirements as stated in H.19 in the RFP remains.

33. Question 33: We kindly request that USAID consider removing the language in Sections H.19

(p. 44) and J.1 (p. 102 and following) indicating that the total value of individual grants to non-U.S. organizations will not exceed the simplified acquisition threshold, because the grants under contract authorizing language in ADS 302.3.4.13(c) states that the limitation to the SAT does not apply to grant awards to non-U.S. nongovernmental organizations. Additionally, removing this limitation will allow the selected contractor greater flexibility in using grants to expand climate initiatives during implementation.

Answer: The total grants awarded under the contract shall not exceed $2.6 million in total, and no individual grant will exceed $250,000.

34. Question 34: Attachment J.4 (linked on p. 61), Business Subcontracting Plan Template, was shared in this RFP with no instruction about including it in the proposal. Would USAID please confirm whether it should be submitted as part of the cost proposal?

Answer: USAID confirms that if the offeror will be promoting subcontracting opportunities for small business a Business Subcontracting Plan Template should be submitted with the proposal.

35. Question 35: Section L.4(g) (p. 87) states that the offer must be valid for at least 120 days, but the SF-33 states that the offer validity period is 180 days. Would USAID please confirm the offer validity period?

Answer: USAID confirms the offer validity period is 180 days. Section L.4(g) of the Solicitation is updated to reflect this information.

36. Question 36: In Section L.7, paragraphs 2 and 3 (p. 89-90), the RFP refers to Activity Parameters: “The narrative must also detail the Offeror’s justification for why the PWS would achieve the goal, objectives, and Activity Parameters,” and, “The PWS must address the SOO Goal, Objectives, and Activity Parameters with clear deliverables, results, and indicators. The Offeror’s PWS must logically explain and outline how the interventions that support each objective and Activity Parameters work together to achieve the overall activity goal (as defined in the SOO).” Would USAID kindly provide the activity parameters?

Answer: USAID confirms that Section L.7 of the Solicitation has been updated to remove the “activity parameters.”

37. Question 37: Section L.8 (p. 90) states that “Role of each proposed Key Personnel in implementing the PWS, including Annex 4 (Key Personnel Position Descriptions) should be part of Personnel and Management Approach (included in the 10-page limit).” Would USAID kindly clarify whether Annex 4 counts toward the 10-page limit?

Answer: USAID confirms that Annex 4 is counted toward 10-page limitation.

38. Question 38: Section L.8(c) (p. 91) states that the “[proposed management and staffing structure] must also present a vision and strategy to implement the proposed PWS and the MEL Plan based on Collaborating, Learning and Adapting including inputs from both internal and external evaluators and other relevant stakeholders.” Would USAID please clarify whether the Kosovo Mission is planning an external evaluation of the activity?

Answer: Yes, USAID may conduct an external evaluation during the implementation of this activity.

39. Question 39: Section L.8(c) (p. 91) states, “As part of the Management and Staffing Plan (Annex 8), in one (1) page (separate from the 3-page limit for Key Personnel section), Offeror must outline a mobilization plan, which describes the proposed approach to ensure rapid, efficient and effective operational startup.” Would USAID kindly confirm that the reference to the “3-page limit for Key Personnel section” refers to the three-page limit for each CV/Resume of named key personnel and references?

Answer: USAID confirms that we will accept a 3 page Resume/CV and 1 page for references for each Key Personnel.

40. Question 40: Section L.9 (p. 91) states, “The proposed salary ranges for CCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP).” We respectfully request that the above mentioned salary restriction be removed from the RFP because it appears to be inconsistent with AIDAR 752.7007 Personnel Compensation, incorporated in the contract under Section H.3 (p. 51), 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.

Answer: USAID confirms that personnel compensation will be consistent with AIDAR

752.707. Section L.9 has been updated accordingly.

41. Question 41: Section L.9 (p. 96) notes that biodatas are required for key personnel. Instructions note that biodata templates are Section J Attachment 3. However, Attachment 3 is the deferral of the activity’s environmental review. Would USAID please update the attachment list and provide the biodata attachment?

Answer: Section L.9 has been updated to correct the administrative omission.

42. Question 42: Section J.1/Grants Under Contract (p. 105) states, “no GUC will be provided to any government entity.” However, the regulations allow contractors to execute solely in-kind grants to government entities. Would USAID confirm that solely in-kind grants to government entities will be allowed under this contract, pursuant to ADS 302.3.4.13?

Answer: USAID confirms that “no GUC will be provided to any government entity” as well as no in-kind grants to government entities are envisioned under this activity.

43. Question 43: Will USAID confirm that civil society organizations and associations may also receive Grants under Contract (GUC) to further activity objectives?

Answer: USAID confirms that NGO’s (civil society organizations and associations) are eligible to receive grants.

44. Question 44: In Attachment J.1, on page 103, USAID references four objectives but there are only three objectives provided. Can USAID confirm that there are only three objectives for the Adapt activity?

Answer: Yes, there are only 3 objectives in the Statement of Objectives (SOO). USAID has corrected the RFP to reflect the right number of objectives accordingly.

45. Question 45: In Section L.6, on page 89, given the detail that USAID is requesting for Annex 2, Draft Year 1 Work Plan, would USAID consider increasing the page length for this annex?

Answer: USAID confirms that there is no page limitation in Annex 2. Solicitation has been updated accordingly.

46. Question 46: In Section F.5, 2. Activity Monitoring, Evaluation and Learning Plan (AMELP) & Quality Assurance Surveillance Plan (QASP), on page 16, USAID notes, “As part of the draft (due with the offers) ... the Offeror/Contractor must also submit a QASP that provides a systematic method to assess performance for the Contract.” Section L.7 Technical Approach on page 90 requires a two-page MEL Plan, but does not list the QASP. Can USAID confirm that a QASP is not required with the Technical Proposal submission?

Answer: USAID confirms that QASP is not required to be submitted at the proposal stage.

Solicitation is updated accordingly.

47. Question 47: Does USAID require an indicator table to be included in the Technical Proposal submission? If so, can USAID advise where in the proposal this should be included?

Answer: The table should be included in the Annex 3 under the MELP.

48. Question 48: Can USAID confirm that this Activity is not intended to address greenhouse gas emissions from the energy sector?

Answer: USAID confirms that Climate Smart Initiatives are interventions that will amalgamate efforts of the Government of Kosovo (GOK), and the private sector that support adaptation and mitigation measures to address all climate change effects. Interventions will facilitate adaptation and mitigation in order to achieve climate resilience directly and indirectly in the short, medium, and long term in all sectors.

49. Question 49: Section B.7, Payment of Fixed Fee, on page 7, states, “… The Offerors must propose a fixed fee schedule tied to the objectives and deliverables or output for Government review and acceptance. The fixed fee schedule will become part of the contract upon award…” In addition, Section L.9(b)(5), on page 94, states, “… For the contract awarded under this solicitation the contractor and Government will negotiate the fixed fee and the payment schedule.” Could USAID please clarify whether offerors should include a fee schedule as a required element of the Cost Proposal, or whether USAID will negotiate a fee schedule only with the successful offeror at award?

Answer: USAID confirms that the Offerors must propose a Fixed Fee schedule as part of the cost proposal. The fixed fee distribution table on Section B.7. Payment of Fixed fee is only an illustrative fee distribution schedule. Solicitation has been updated accordingly.

50. Question 50: Section H.4(a)(1), Limitations, on pages 27-28 references salary history for rate setting. Considering the latest version of the Contractor Biographical Data Sheet – USAID Form 1420-17 does not include salary or rate history as a required element, could USAID please confirm that Offerors should use market data rather than salary/rate history in determining proposed salaries and rates for this activity and remove all language related to using salary/rate history to establish salaries and rates?

Answer: The language in section H.4 (a)(1) (p.28) is revised to align with Section H.3.

USAID confirms that direct compensation of the Contractor’s personnel shall be in according to the Contractor’s established policies, procedures, and practices, and the cost principle applicable to this contract.

51. Question 51: Section H.4(e), Consultants, on page 28 states, “Unless the consultant is an employee of the contractor, they are considered subcontractors subject to the applicable clauses and requirements.” This language presents significant issues for many offerors, particularly related to NICRAs and Cost Accounting Standards (CAS). NICRAs are approved by USAID’s Overhead, Special Cost, and Closeout Branch Division and require many offerors to treat consultants as short-term personnel and apply relevant indirect costs. Should an Offeror begin to treat consultants as subcontractors and apply subcontractor-related indirect costs, this would be viewed as inconsistent treatment of direct costs across U.S. government-funded contracts and would be in violation of the terms of an offeror’s NICRA and CAS. Further, it is industry standard to treat consultants as short-term personnel. Based on these concerns, would USAID please remove the language requiring offerors to treat consultants as subcontractors so that each offeror may classify consultants according to its own NICRA and CAS?

Answer: USAID confirms that Section H.4(e) is applicable; however, if a NICRA specifically states that contractors treat consultants as short-term personnel, this will be accepted under this contract. Otherwise consultants will be treated as subcontractors.

52. Question 52: While the RFP includes Section K, Representations, Certifications and Other Statements of the Offeror (pages 62–84), it is not listed as a required element of the Cost Proposal in Section L.9. Could USAID please confirm that offerors are not required to include a completed Section K in their cost proposals? If this is not correct, kindly specify in what section of the Cost Proposal offerors should include Section K, and whether subcontractors (major or all) should also provide this document?

Answer: Section K should be submitted as part of the Cost Proposal. Section K must be provided for major subcontractors as well.

53. Question 53: Section L.9(b)(2), on page 92 states, “… The proposed salary ranges for CCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP). For the offeror's reference.” Would USAID please provide the LCP to ensure salaries are below the threshold?

Answer: Section L.9(b)(2) of the Solicitation has been updated. The current LCP salary range is from Euro 10,233 to Euro 67,069.

54. Question 54: Section L.9(g), Part 7 - Employee Biographical Data Sheets for Key Personnel, on page 96 states, “Offerors must provide Biographical Data Sheets (Attachment 3 Section J) for all key personnel.” However, per Section J, “Attachment J.3 - DCN: 2023-KOS-001” is the SBU Deferral of Environmental Review. Could USAID please confirm that the USAID Form 1420-17 template found under https://www.usaid.gov/forms/aid-1420-17 is the one to be used under Part 7 of the Cost Proposal?

Answer: Yes, USAID confirms that Section L.9 (g) of the Solicitation has been updated accordingly.

https://www.usaid.gov/forms/aid-1420-17

55. Question 55: USAID has not included “Information to Support Consent to Subcontract” as part of the requirements for the Cost Proposal. Could USAID please confirm that Offerors may submit Information to Support Consent to Subcontract per FAR 44.202-2 as an Annex to the Cost Proposal to ensure timely engagement of subcontractors?

Answer: USAID confirms that Offerors may submit information to support the information to support consensus to Subcontractor per FAR 44.202-2. Section L.9 (b) of the solicitation has been updated accordingly.

56. Question 56: Considering the recent volatility of many currencies in today’s global market, would USAID consider providing an exchange rate to use in the cost proposal?

Answer: Offerors should include the exchange rate on the day of their submission as listed in https://www.xe.com.

57. Question 57: Can USAID confirm the RFP number for this Activity?

Answer: USAID confirms the RFP number for this Solicitation is 72016723R00004.

58. Question 58: RFP Reference: Section F.5; Section F.8 Annual Reports / Page Number: 14;

18-19/ Relevant RFP Language: USAID states the Annual Report in the Work Plans, Periodic and Other Reports is due “Within thirty (15) calendar days after the end of each fiscal year”.

Can USAID confirm that Annual Reports (including the fourth Quarterly Performance Reports) are to be submitted thirty (30) calendar days after the end of each fiscal year?

Answer: USAID confirms that Annual Reports (including the fourth Quarterly Performance Reports) are to be submitted fifteen (15) calendar days after the end of each fiscal year. Section F.5 of the Solicitation has been updated accordingly.

59. Question 59: RFP Reference: Section L.9.b.2 / Page Number: 92 / Relevant RFP Language:

“The proposed salary ranges for CCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP).”In order to attract the highest quality staff and attract local experts, would USAID consider waiving the LCP salary maximum requirement for proposed Key Personnel staff?

Answer: Section L.9.2 of the Solicitation has been updated. Any request for waiver must be approved by the Contracting Officer. Waivers will be considered by the Contracting Officer on a case by case basis.

60. Question 60: RFP Reference: Section H.4 Additional Requirements for Personnel Compensation / Page Number:27-28 / Relevant RFP Language: USAID states “Salaries and https://www.xe.com/ wages may not exceed the rates established by the Contractor's policy and practice, including the Contractor's established pay scale for equivalent classifications of employees, which shall be certified to by the Contractor. Nor may any individual initial salary or wage, without approval of the Contracting Officer, exceed greater than 5% of the employee's current salary or wage, or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years. In cases where salaries and wages have been negotiated between the Contractor and USAID, the negotiated rates shall apply.”

We request USAID to remove the following language: "Nor may any individual initial salary or wage, without approval of the Contracting Officer, exceed greater than 5% of the employee's current salary or wage, or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years." The 5% rate increase cap for candidate salaries request on this RFP differs from USAID's policy (stated in 2019) of not asking for salary histories, as well as Massachusetts' and several other states' equal pay acts, which were put in place to address pay inequity. As such, Contractors are no longer able to collect salary history information for candidates, and cannot comply with the 5% rate increase cap.

Answer: Correct. Solicitation has been updated to address this.

61. Question 61: RFP Reference: Section F.2 Activity Monitoring, Evaluation and Learning Plan (AMELP) & Quality Assurance Surveillance Plan (QASP); Section L.6 / Page Number: 16, 89 / Relevant RFP Language: USAID states “As part of the draft (due with the offers) and final (due after contract award) AMELP, the Offeror/Contractor must also submit a QASP that provides a systematic method to assess performance for the Contract.” “The Offeror must include a draft MEL Plan (Technical Approach/Annex 3) in accordance with USAID standards.

(https://usaidlearninglab.org/sites/default/files/resource/files/cleared_-_how-to_note_-_activity_ mel_plan_sep2017.pdf ). The MEL Plan must correspond with the PWS.”

Given the various requirements of the QASP and the 8-10 mandatory sections of the AMELP according to the referenced "how to note" and USAID template, we kindly request that USAID increase the 2-page limit or identify which elements of the QASP and AMELP Annex 3 should focus on. In addition, given that the management and staffing approach is required to present a vision for using CLA, would referencing this section be sufficient for meeting the AMELP CLA approach requirements in Annex 3? If the current page limit and content remains, covering all required elements would result in general information of less value to USAID.

Answer: USAID confirms that there is no page limitation on Annex 3, draft of AMELP. QASP is not required to be submitted at the Solicitation stage. Solicitation has been updated accordingly.

62. Question 62: RFP Reference: Section L.9.d Past Performance / Page Number:95 / Relevant RFP Language: “For contracts not in the Contractor Performance Assessment Reporting System (CPARS), offerors (including all partners of a joint venture) must use the “Past Performance Information Sheet” (included as Attachment 2) to list past performance information of the contracts involving similar size and work as in Section C of this RFP, for itself and each major subcontractor (one whose proposed cost exceeds 20% of the Offeror’s total proposed cost), with a period of performance falling within the last five years. All applicable fields in Attachment 3 must be completed. Offerors must not submit past performance information for contracts in

CPARS.”

Can USAID confirm that Offerors are to enter only contracts (and not other procurement mechanisms such as cooperative agreements) not in the CPARS database in Attachment 3 for Past Performance?

Answer: USAID confirms that Offeror may enter not only contracts but other procurement mechanisms (i.e. assistance).

Question 62.a: Can USAID confirm how Offerors should submit contracts that are in the CPARS database in Attachment 3 as official Past Performance Information?

Answer: Offerors may not submit past performance that are in CPARS, since USAID will obtain them directly from the system.

Question 62.b: Can USAID confirm the total number of contracts offerors should submit as part of Part 4 – Past Performance?

Answer: USAID confirms that Offerors should submit up to the latest five (5) past performance as part of the part 4.

Question 62.c: Can USAID confirm that Past Performance should be submitted as part of the Technical Proposal since it will be evaluated as part of the Technical Proposal?

Answer: Past Performance information should be submitted as part of the Cost Proposal.

63. Question 63: RFP Reference: Section L.8.c Management and Staffing Plan / Page Number: 91 Relevant RFP Language: USAID states “The Offeror should provide an organization chart depicting the overall management structure and staffing plan as part of the Management and Staffing Plan (Annex 7) no longer than one (1) page (separate from the 3-page limit for Key Personnel section).”

Can USAID confirm which section of the Key Personnel section under the Management Approach is limited to 3 pages?

Answer: USAID confirms that Key Personnel position descriptions under the Management approach should be part of the Personnel and Management Approach Section limited to 10 pages. The CVs/Resumes of Named Key Personnel Candidate - Annex 5 are limited to 3 pages per CV and 1 page for the Reference. Solicitation has been updated accordingly.

64. Question 64: RFP Reference: Section L.6, L.7, L.8.c / Page Number:89, 90, 91 Relevant RFP Language: USAID states in Section L.7 “The Offeror must include a draft MEL Plan (Technical Approach/Annex 3) in accordance with USAID standards (https://usaidlearninglab.org/sites/default/files/resource/files/cleared_-_how-to_note_-_activity_ mel_plan_sep2017.pdf ). The MEL Plan must correspond with the PWS” and in Section L.8.c “The proposed management and staffing structure should be feasible and efficient. It must also present a vision and strategy to implement the proposed PWS and the MEL Plan based on Collaborating, Learning and Adapting including inputs from both internal and external evaluators and other relevant stakeholders.”

Given that two pages is not sufficient to fully address all the requirements in USAID’s AMELP template and how-to note (in addition to the QASP requirements, if those remain), does the mission have a preference as to whether Annex 3 should attempt to summarize each of the required elements of an AMELP (including an indicator table) or focus on a specific sub-set of the requirements? In addition, given that the management and staffing approach is required to present a vision for using CLA, would referencing this section be sufficient for meeting the AMELP CLA approach requirements in Annex 3?

Answer: USAID confirms that there is no page limitation on Annex 3, draft of the AMELP.

Solicitation has been updated accordingly.

65. Question 65: RFP Reference: Section L.6 General Instructions for the Preparation of the Technical Proposal; M.2 Technical Evaluation Criteria / Page Number: 89; 97 Relevant RFP Language: USAID states in Section L.6 “The technical proposal must be organized according to the evaluation factors in Section M.2 and must be organized as follows:

Cover letter (not to exceed one [1] page);

Executive Summary (not to exceed two [2] pages);

Table of contents;

List of acronyms;

Technical Approach (not to exceed [15] pages);

Personnel and Management Approach (not to exceed [10] pages);

Annexes”

In Section M.2, USAID states : “M.2 TECHNICAL EVALUATION CRITERIA

(b) MANAGEMENT APPROACH” Can USAID confirm if the name of the section to follow the Technical Approach should be – “Personnel and Management Approach” or “Management Approach”?

Answer: USAID confirms that Section M.2 (b) is Personnel and Management Approach. The Solicitation has been updated accordingly.

66. Question 66: RFP Reference: Section H.4.d Annual Salary Increases / Page Number: 28 Relevant RFP Language: USAID 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.”

We kindly request that USAID change the above language to “Annual salary increases can be made in accordance with the Contractor’s policies and practices, applicable cost principles”, which is in alignment with H.3(a) of the RFP.

Answer: Yes. The Section H.4 of the Solicitation has been updated to reflect this.

67. Question 67: RFP Reference: Section L.9.b.1 Proposed Costs / Page Number: 92 Relevant RFP Language: USAID states “The Offeror must provide a complete budget, including the budgets for each subcontractor, by cost element in Microsoft Excel utilizing the provided budget template in Attachment 4.”

Can USAID confirm if Offerors are able to use their own budget template and follow the provided template’s outline?

Answer: USAID confirms that Offerors may use their own budget template and follow the provided template’s outline.

68. Question 68: RFP Reference: Section L.9.b.1 Proposed Costs / Page Number: 92 Relevant RFP Language: USAID states “The proposed salary ranges for CCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP). For offerors’ reference.”

Can USAID provide the referenced Local Compensation Plan?

Answer: Section L.9.b.1 of the Solicitation has been updated. LCP salaries range from Euro 10,233 to Euro 67,069.

69. Question 69: RFP Reference: Section F.2 Activity Monitoring, Evaluation and Learning Plan (AMELP) and Quality Assurance Surveillance Plan (QASP) / Page Number: 16 Relevant RFP Language: USAID states "The Contractor will submit to the COR a final life-of-project AMELP within forty-five (45) days after Award.”

We respectfully request that USAID change the requirement to submission 90 days after award.

Agency policy outlined in ADS 201.3.4.9 states that “Implementing partners must submit a proposed Activity MEL Plan to the COR/AOR within 90 days of award.”, and a full 90 days would allow for more thoughtful and inclusive partner and other stakeholder engagement, more comprehensive baseline data gathering, and an overall higher quality AMELP.

Answer: Section F.2 of the Solicitation has been updated. The final life-of project AMELP is due ninety (90) days after award.

70. Question 70: Can USAID Kosovo kindly clarify and expand upon their definition of a major subcontractor? Section B.5 (pg. 6) defines a major subcontractor as a subcontractor that is performing 20% or more of the contract or is deemed critical by the offeror in achieving the objectives and tasks in the contract. Section L.9(d) (pg. 95) defines a major subcontractor as one whose proposed cost exceeds 20% of the Offeror’s total proposed cost.

Answer: Major subcontractors are considered subcontractors that are performing 20% or more of the contract or are deemed critical by the offeror in achieving the objectives and tasks in the contract. Section L.9(d) of the Solicitation has been updated.

71. Question 71: A company’s indirect rates are acknowledged to be proprietary and sensitive financial information, the disclosure of which would result in competitive harm and, consistent with the Trade Secrets Act, should therefore be protected from such disclosure to third parties (including prime contractors who may be competitors on other Procurements). Thus, we respectfully request that the Subcontractor’s indirect rate information not be included in Section B.5 or any part of the final Contract and that such subcontractors pursue the option of submitting their confidential information directly to USAID.

Answer: USAID confirms that indirect cost rates of the subcontractor can be provided directly to USAID. Please note that the submission deadline for the indirect cost submission applies as for the proposal due date.

72. Question 72: Consistent with USAID policy and its decision to remove salary history from employee biodata information, would USAID Kosovo remove the restriction in Clause H.4(a)(1)

(pg. 27) that prohibits compensating employees at a salary that is more than 5% of the highest rate of annual salary or wage received during any full year of the immediately preceding three

(3) years?

Answer: Yes, Section H.4 (a) of the Solicitation has been updated.

73. Question 73: Section I.1 (Page 55) incorporates FAR 52.229-8 Taxes-Foreign Cost-Reimbursement Contracts into the expected resultant contract.

Can USAID Kosovo please:

Question 73.a: Confirm if the resultant contract will be exempted from host/recipient country taxes – e.g. VAT, duties, and income tax (for US and local teaming partners and their personnel).

Answer: USAID confirms that the resultant contract will be exempted from host/recipient taxes.

Question 73.b: Provide offerors with copies of any applicable bilateral agreements or similar relevant document between the Government of Kosovo and the U.S. Government establishing such exemption.

Answer: USAID confirms that bilateral agreement between Government of Kosovo and the U.S. Government will be provided to Awardee after the award.

74. Question 74: Section L.9(b) (Pg. 92) states that “proposed salary ranges for CCNs must not exceed the maximum range of the USAID local compensation plan.” Can USAID Kosovo provide a copy of their most recent CCN/FSN local compensation plan?

Answer: Section L.9(b) of the Solicitation has been updated. The current LCP salary range is from Euro 10,233 to Euro 67,069.

75. Question 75: Section L.9(b) (pg. 92) Offerors Compensation Plan:

Can USAID explain if and how the Offerors Compensation Plan will be used after award? If the Offerors Compensation Plan will be used after contract award, please confirm that it may be updated on a periodic basis, due to changes in compensation factors such as USAID MAX, the USAID LCP, or other factors impacting future compensation that may not be known at this time.

Answer: Correct. Compensation plans may be updated on a periodic basis with Contracting Officer approval. Section L.9 (b) has been updated. See question number 76.

Please confirm that the Offerors Compensation Plan will not establish additional limitations on compensation paid to employees under any resulting contract, other than those established in the USAID LCP and AIDMAX.

Question 76.a: Can USAID please clarify whether the Offerors Compensation Plan shall provide the salary ranges for the base period only, or all contract years?

Answer: Compensation plan must provide the salary ranges for the base period and inflation rate for the contract years.

76. Question 76: Section L.9(g) (pg. 96) states that offerors must provide biographical data sheets (Attachment 3 Section J) for all key personnel. As the current Attachment J.3 consists of the IEE Deferral, can USAID Kosovo kindly provide the biographical data sheet template?

Answer: Section L.9 (g) has been updated to correct the omission in the Solicitation.

77. Question 77: Can USAID please confirm that offerors are not required to submit information to satisfy the requirements of FAR 44.202-2 for their proposed subcontractors?

Answer: Offerors are required to satisfy FAR 44.202-2 for their proposed subcontractors to…