Amenmdnt 01 - RFP No. 72016725R00001 - Accountable Justice Activity.pdf

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72016725R00001 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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20521

720167

20521 Washington DC 3820 Pristina Place USAID/Kosovo USAID/Kosovo

12/06/20240001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

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

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4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/06/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

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ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1) Extend the proposal due date through January 27, 2025, 17:00hr Kosovo local time.

2) Provide answers to the questions submitted by the interested offerors, and revise the original RFP accordingly. All Changes to the Amendment 01 of the RFP are highlighted for ease of reference.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Anthony Baker

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Attached is Amenmdnt 01 - RFP No. 72016725R00001 - Accountable Justice Activity.

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

Q&A RFP No 72016725R00001

Accountable Justice Activity

Questions and Answers SOL No.: 72016725R00001 Accountable Justice Activity

Q.1 We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services. If not brand new, could you please provide the current / previous contract number?

A.1 This is a new, stand-alone contract.

Q.2 Please confirm that this is a CPFF contract and not a CPAF contract.

A.2 USAID confirms that this is a Cost-Plus-Fixed-Fee (CPFF) Contract.

Q.3 Please confirm that font Calibri 9 may be used in textboxes.

A.3 USAID confirms that a Calibri 9 font may be used in text boxes.

Q.4 Please clarify whether the technical proposal should include a cover page, a cover letter, or both.

A.4 USAID confirms that the technical proposal should include just the cover page. The terms Cover Page and Cover Letter were used interchangeably.

Q.5 Please confirm that a cover page will not count against the page limit of the technical proposal.

A.5 USAID confirms that the cover page does not count against the page limit of the technical proposal.

Q.6 Please confirm that the Technical Approach and the Personnel and Management Approach sections combined are limited to 20 pages, rather than the Technical Approach section alone.

A.6 The 20-page limit includes the Technical Approach and Personnel and Management Approach combined.

Q.7 Please confirm that COP/DCOP references may be included on a separate page that will not count against the resume page limit.

A.7 USAID confirms that references should be included within the two page limit.

Q.8 May offerors propose a grants under contract program?

A.8 Grants under contract is not a primary objective of this award.

Q.9 We request that USAID reconsider the requirement to have all key personnel hired and mobilized within 15 days of contract award. Some proposed key personnel may need to provide a three- or four-week notice to their current employer and, also, the three additional key personnel not named in the proposal will require USAID approval prior to being hired and mobilized, which will take at least a few days.

A.9 USAID will extend the deadline to 30 days. Solicitation is amended to reflect the extension deadline.

Q.10 In addition to the three objectives, the Accountable Justice Activity has two substantial cross-cutting elements (integration and inclusion and gender equality and women’s empowerment). Therefore, we request that USAID allow offerors the opportunity to propose a different mix of three key personnel positions (in addition to the COP and DCOP) in case this better reflects the proposed technical approach.

A.10 The offeror can propose up to 5 key personnel positions. Besides the COP and DCOP, offerors may propose different key positions that better align with the proposed approach.

Q.11 May offerors budget for minor renovation/refurbishment activities? If so, could USAID provide a plug number for the budget?

A.11 Renovation and refurbishment is not anticipated under this award.

Q.12 As a significant part of contract activities will be determined during the 120-day inception period, may offerors include a fixed fee schedule that covers Year 1 in the cost proposal, and submit a full five-year schedule together with the first annual work plan?

A.12 USAID confirms that the fixed fee schedule should be submitted for the full five years at the proposal stage.

Q.13 What is the anticipated start date of the Activity?

A.13 The anticipated start date of the activity is no later than August, 2025.

Q.14 Section L.11 Part 1 states the SF 33 must be signed with an original signature. Please confirm that an electronic signature through a program such as AdobeSign is acceptable.

A.14 USAID confirms that electronic signatures through AdobeSign are acceptable.

Q.15 Please confirm that proposals should include signed letters of commitment and biodatas only for the named key personnel (COP and DCOP).

A.15 USAID confirms that proposals should include signed letters of commitment and biodatas only for the key personnel required at the proposal stage (COP and DCOP).

Q.16 Section L.11 Part 2 (1) Budget Narrative on p.83 states that “[t]he detailed budget narrative must specifically explain the link between the estimated costs and proposed technical approach.” We request that USAID remove this requirement as technical and cost information shall be kept separate.

A.16 The cost and technical information are separate, however the cost should reflect the technical approach.

Q.17 Page 84, section (3) Fixed Fee states: “Any proposed fee must be accompanied by the offeror’s rationale, supported by application of the profit-analysis factors in FAR 15.404-4(d).” However, FAR 15-404-4, (c) (5): 5) states that “The contracting officer shall not require any prospective contractor to submit breakouts or supporting rationale for its profit or fee objective but may consider it, if it is submitted voluntarily.” Accordingly, we ask that the solicitation language be revised.

A.17 USAID revises the language through Amendment 01 to the solicitation.

Q.18 Page 39 under section H.11, paragraph (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.” We respectfully request this be removed – or at the least, changed to “TBD” and entered upon receipt of Offeror’s cost proposals based on their established policies, procedures, and practices. The 3% in the noted section is not in alignment with recent observed inflationary and salary data and escalations (e.g., USAID’s CST alone increased the last two years at an average of 4.32%/yr.).

A.18 USAID confirms that any proposed salary increases above 3%, during contract performance, will require prior Contracting Officer’s written approval.

Q.19 Page 85, paragraph (iv) states: “The indirect cost information requirements of (i), (ii) and (iii) above are required for each cost-reimbursement or time-and-materials type subcontracts.”

a. Please confirm that this paragraph belongs right at the bottom of page 83 (L.11, Part 2, section (2) Indirect Cost Information).

b. Assuming that the paragraph belongs at the bottom of page 83, please reconsider the requirements for T&M-type subcontracts. We would respectfully request not to include T&M in this given the contract type.

c. Please confirm that this paragraph only applies to major subcontracts.

A.19 a. The paragraph belongs on page 85 and is intended for subcontracts that are other than small business that would require compliance with the respective section of Indirect Cost on page 83.

b. USAID does not recommend use of T&M type of contract unless the circumstance of the subcontract is required to do so.

c. This only applies to major subcontracts.

Q.20 Does USAID expect to open any additional sub-offices in other parts of Kosovo?

A.20 USAID does not anticipate opening additional sub-offices in Kosovo.

Q.21 Digitalization is mentioned several times throughout the RFP and that that should be a substantive investment in this area. Does USAID have any guidelines or expectations in terms of a dollar value invested in digitalization?

A.21 The offeror should estimate the cost at the proposal stage.

Q.22 The RFP discusses support and collaboration with CSOs, specifically Section C.4 (page 15) under Expected Result CC 2: “Awareness of GBV advanced by participating in the Annual 16 Days Campaign on Prevention of GBV”. To assist with moving pieces of work like this forward does USAID authorize the use of grants under this project?

A.22 Refer to the above answer to Question 8.

Q.23 Section H.11 Additional Requirements for Personnel Compensation, Item (a) (2), page 38. States:

“The proposed salary ranges for CCNs/TCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP)”. Would USAID kindly provide this Mission Local Compensation Plan to enable offerors to comply with this requirement?

A.23 USAID does not share the Local Compensation Plan. However, the current USAID/Kosovo Local Compensation Plan range is minimum of €11,455 to a maximum of €75,074 (gross).

Q.24 Section L.6 Submission Instructions, Item 1, page 77 instructs offerors: "The proposal must be accompanied by a cover letter typed on an official organizational letterhead." Section L.7, page 79 provides for a 2-page limit for the technical proposal's cover page, but it does not mention a cover letter. Would USAID kindly confirm that the cover letter and cover page are different components, and that the technical proposal must include both?

A.24 USAID confirms that the terms Cover Letter and Cover Page are being used interchangeably. The Cover Page should be written on official organizational letterhead.

Q.25 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Page Limitation:, page 79 states: “The Technical Proposal is limited to 20 pages excluding those documents listed under ‘Note’ below.” However, Section L.8 (page 79) indicates that the Technical Approach section alone—not including the Personnel and Management Approach—should “(not to exceed 20 pages).” Could USAID kindly confirm that the 20-page limit should include the Personnel and Management Approach?

A.25 Refer to the above answer to Question 6.

Q.26 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Page Limitation:, page 79 instructs offerors to write proposals “on standard 8 1/2" x 11" letter-sized paper.” Would USAID confirm that offerors may use 11x17 tabloid pages to present the past performance matrix (Attachment J.1)?

A.26 USAID confirms that Offerors may use 11x17 tabloid pages for the past performance matrix.

Q.27 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Page Limitation:, page 79 instructs offerors to use “Calibri point 12 font size (can be 9-point font in charts, graphs and tables).” Attachment J.1, which provides the format for Annex F to the technical proposal, is in Century Gothic font. Would USAID kindly confirm that offerors may alter Attachment J.1 to use Calibri font?

A.27 USAID confirms that offerors may alter the font to use Calibri font per the RFP requirements.

Q.28 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Page Limitation:, page 79 instructs offerors to use “Calibri point 12 font size (can be 9-point font in charts, graphs and tables).” Would USAID kindly confirm that offerors may use 9-point Calibri font for text boxes and footnotes?

A.28 USAID confirms that 9-point Calibri font may be used for text boxes and footnotes.

Q.29 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Page Limitation:, page 79 instructs offerors to write proposals “each page and paragraph numbered consecutively.” Would USAID kindly confirm that pages should be numbered, but that paragraphs within the narrative do not require their own numbers?

A.29 USAID confirms that only ‘pages’ should be numbered consecutively. The language is amended in the solicitation.

Q.30 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Page Limitation:, page 79 instructs offerors: “The technical proposal must be submitted in Adobe Acrobat (PDF) format, along with a Microsoft Word copy of the technical proposal body.” Annex F to the technical proposal is a past performance matrix based on the format outlined in Attachment J.1, which is an Excel file. Would USAID kindly confirm that offerors may submit Attachment J.1 as an Excel file, separate from the PDF?

A.30 Past performance may be provided in Excel format.

Q.31 Section L.7 General Instructions for The Preparation of The Technical Proposal, Item Note:, page 79 mentions a list of acronyms: “The page limit does not include Cover Letter, Table of Contents, List of Acronyms, Section Dividers, Executive Summary, and Annexes.” The organization instructions on the same page give the required order but do not mention a list of acronyms.

Could USAID kindly confirm that offerors may include a list of acronyms that does not count against the page limit?

A.31 A list of acronyms will not count towards the page limit.

Q.32 Section L.7, General Instructions for The Preparation of The Technical Proposal, Organization:

page 79 gives the required order for the technical proposal, listing the executive summary before the table of contents. Would USAID kindly confirm that the table of contents should appear before the executive summary?

A.32 USAID confirms that offerors should follow the order as stipulated in the RFP.

Q.33 Section L.7, General Instructions for The Preparation of The Technical Proposal, Organization: Item 6, page 79 states “Contractor Performance Information (does not count against page limit)” as part of the technical narrative, appearing before the annexes. Section L.10 Contractor Past Performance, pages 81-82 instructs offerors: “(a) Provide the most recent and relevant contracts from the last five years… (b) For all awards listed above that are not in the Contractor Performance Assessment Reporting System (CPARS), the offerors must submit the past performance information as Annex E to the technical proposal … (c) If the award is in CPARS, indicate the full contract/task order number, along with the UEI number it is under. ...” Would USAID kindly confirm that the technical narrative—in a section that does not count against the page limit—should include a list of contracts in CPARS, and that Annex F should include only contracts that are not in CPARS?

A.33 USAID confirms.

Q.34 Section L.7, General Instructions for The Preparation of The Technical Proposal, Annex F, page 79, states: “The offerors must use the ‘Past Performance Information Matrix’ (See Attachment 3 and Section L.10).” Attachment J.3 is Form 1420-17, Contractor Biographical Data Sheet. Would USAID kindly confirm that offerors should use Attachment J.1?

A.34 USAID confirms that offerors should use Attachment 1. The solicitation is amended to reference the correct attachment for the “Past Performance Information Matrix”.

Q.35 Section L.9 Personnel and Management Approach, Item a. Key Personnel, pages 80-81 instruct offerors: “In Annex B, the Offerors must submit individual names, CVs, and references for the COP and the DCOP, The page limit for each CV is two (2) pages. Each individual proposed must also provide three (3) recent references with name, position title, valid email address and telephone number, and the relationship to the proposed candidate.” We have the following related questions:

a) Would USAID kindly confirm that offerors may submit references on a separate page, and not include them within the two-page CV for each candidate?

b) Considering the broad scope of technical objectives and the collective skill sets required for key personnel, would USAID consider increasing the CV page limit to three (3) pages?

This adjustment would allow offerors to comprehensively demonstrate how proposed candidates meet the qualifications outlined.

A.35 a) See above the answer to Question No. 7

b) the page limit will remain.

Q.36 Section L.9 Personnel and Management Approach, Item a. Key Personnel, page 81 requires “In Annex C, proposed Key Personnel candidates for COP and COP will provide a signed letter of commitment…” Section L.11, Instructions for the Preparation of the Cost Proposal, p. 86 also requires that “Offerors must also include letters of commitment signed by each person proposed as key personnel…” Would USAID please confirm that only one set of LOCs are required, and in which volume they need to be included.

A.36 The LOCs can be provided once, as part of the cost proposal only. The solicitation is amended to omit Annex C submission as part of the Technical Proposal.

Q.37 Section L.10 Contractor Past Performance, Item (b), pages 81-82 states: “For all awards listed above that are not in the Contractor Performance Assessment Reporting System (CPARS), the offerors must submit the past performance information as Annex E to the technical proposal…” However, Annex E is the Mobilization Plan per Section L.7 (page 79) and Section L.9 (page 81).

Would USAID kindly confirm that past performance information should go in Annex F?

A.37 The solicitation is amended to reference the correct annex for ‘Past Performance Information Matrix’, Annex F.

Q.38 Section L.11, Instructions for the Preparation of the Cost Proposal, p. 86, there seems to be an error in numbering the cost proposal items, with Part 6 missing. Would USAID please confirm if there is a missing Part or if offers should provide a total of seven Parts and re-number them accordingly?

A.38 The solicitation is amended to reflect the correct numbering, Part 1 - 7.

Q.39 The RFP references a USAID-commissioned gender analysis (p. 15) and includes a summary of it in Attachment 5. We cannot gain access to the full analysis through the link provided in the summary. Can USAID provide a copy through other means?

A.39 The PDF is uploaded under this solicitation on SAM.GOV

Q.40 The RFP indicates (p. 38) that the proposed salary ranges for CCNs/TCN's must not exceed the maximum range of the USAID Local Compensation Plan (LCP). Can USAID provide a copy or summary of the LCP to guide the development of cost proposals?

A.40 Refer to the above answer to Question 23.

Q.41 Section H.11.(g) (p. 40) states that employee agreements or contracts entered into by contractors and CCN/TCNs must reflect a fixed annual or monthly salary, denominated in local currency.

Please confirm that, for budgeting purposes, offerors are not prevented from using a daily rate for illustrative purposes.

A.41 The offeror may use a daily rate for illustrative purposes.

Q.42 Section H.11.(d) limits annual salary increases to no more than 3% percent. Would USAID consider a higher percentage?

A.42 Refer to the above answer to Question 18.

Q.43 Does USAID anticipate that the contractor will establish and maintain a project website?

A.43 At this time USAID is not anticipating a project website.

Q.44 9-point font can be used in charts, graphs, and tables in the Technical Proposal (p. 79). Please confirm that this rule also applies to those included in Annexes to the Technical Proposal, and advise whether it applies to text boxes.

A.44 USAID confirms that the 9-point font can be used in all charts, graphs, text boxes and tables.

Q.45 Please confirm that the 20-page reference in the section header (see above) relates to all required information (i.e., the “required order of the Technical Proposal” referenced on the same page), and not solely to the information required by Section L.8.

A.45 Refer to the above answer to Question 6.

Q.46 Certain Expected Results lend themselves to the use of grants. Does USAID anticipate that the project will utilize a grants pool and, if so, does it have a target value for the pool?

A.46 Refer to the above answer to Question 8.

Q.47 9. Does USAID have a target for ICT investments, such as additional investments in CMIS?

A.47 Refer to the above answer to Question 21.

Q.48 10. Section L.2 (p. 75) indicates that the government anticipates the award of one Cost Plus Award Fee (CPAF) Contract. Page 1, however, indicates the anticipated award of a Cost Plus-Fixed-Fee completion type contract. Can you please clarify the award type?

A.48 Refer to the above answer to Question 2.

Q.49 11. Page 86 – Part E Employee Biographical Data Sheets for Key Personnel – states that Offerors must provide Biographical Data Sheets for all key personnel. Please confirm that offerors are only required to provide them for the Chief of Party and Deputy Chief of Party as part of the proposal process.

A.49 Only the COP and DCOP are being proposed at the proposal stage as specified in the RFP. The RFP is amended to clarify.

Q.50 Would USAID consider extending the submission deadline by two weeks to account for the three US and Kosovo national holidays (Christmas, New Year’s Day, and Martin Luther King’s Day in the US and New Year’s Day in Kosovo)?

A.50 Refer to the above answer to Question 9. The deadline will be extended to Monday, January 27th, 2025, to account for these 3 holidays. The solicitation is amended to reflect this extension in the submission deadline.

Q.51 F.6.1. Due Dates for Plans, Reports, and Deliverables, page 22. Would USAID consider revising the deadline for the First Annual Workplan and AMELP (due within 120 days) so that the implementing partner has sufficient time to integrate the findings of the Inception Period assessments which are to be completed within 120 days of award? These findings will not only inform the workplan, but will also guide the development of targets for the AMELP.

A.51 The deadlines will remain.

Q.52 L.7. General Instructions for the Preparation of the Technical Proposal, page 79. As with charts, graphs, and tables, may offerors use 9 pt font for textboxes?

A.52 Refer to the above answer to Question 3.

Q.53 L.7. General Instructions for the Preparation of the Technical Proposal, page 79 of the RFP states that “each page and paragraph [must be] numbered consecutively”. Please confirm that only the pages need to be numbered, not the paragraphs.

A.53 Refer to the above answer to Question 29.

Q.54 L.9(a). Personnel and Management Approach, Key Personnel, page 80. Given the breadth and complexity of technical expertise required for the Accountable Justice Activity, would USAID consider expanding the Key Personnel CV length from two to four pages to allow for comprehensive demonstration of candidates’ relevant capabilities and achievements, while also providing professional references? Alternatively, perhaps USAID would consider expanding the CV length to three pages and allowing for the references to be provided on a separate page.

A.54 Refer to the above answer to Question 7.

Q.55 L.9(c). Management and Staffing Plan, page 81 instructs Offerors to outline teaming relationships, subcontractors or sub-grantees. Does USAID expect Offerors to propose grants under contract on this project?

A.55 Refer to the above answer to Question 8.

Q.56 L.10(c). Contractor Past Performance, page 82. Please confirm that for all awards available in CPARS, the offeror should only include a list of the relevant awards, along with their contract/task order numbers and relevant UEI number. In other words, the Excel matrix should only be included if there is performance information that is not in CPARS (i.e., cooperative agreements or projects funded by other donors).

A.56 Refer to the above answer to Question 33.

Q.57 L. 11, Part 8 – Employee Biographical Data Sheets for Key Personnel, page 86 instructs Offerors to submit signed letters of commitment for key personnel as part of the cost proposal. In addition, Letters of Commitment are required in Annex C of the Technical Proposal. Please confirm if Offerors are expected to submit LOCs as part of the Technical Proposals, Cost Proposals, or both.

A.57 Refer to the above answer to Question 36.

Q.58 M.5. Evaluation of Past Performance, page 90. Given that small business utilization is one of the evaluation factors for Past Performance, may offerors include a narrative summary about this in the Contractor Performance Information section of the Technical Proposal?

A.58 If applicable.

Q.59 Would USAID kindly share a copy of the approved Local Compensation Plan?

A.59 Refer to above answer to Question 23.

Q.60 Section L.2 (p. 75) of the RFP states that this solicitation will result in a Cost-Plus-Award-Fee contract. The cover page and Section B refer to a Cost-Plus-Fixed-Fee completion contract type.

Would USAID kindly confirm whether this award will result in a Cost-Plus-Fixed-Fee completion contract type?

A.60 Refer to the above answer to Question 2.

Q.61 Section L.11 Part 8 (p. 86) requires Biographical Data Sheets and letters of commitment for all key personnel as a part of the cost volume. Would USAID please confirm that offerors must only provide Biographical Data Sheets for chief of party and deputy chief of party positions, and that because letters of commitment are required in the technical volume, are these not necessary in the cost volume?

A.61 USAID confirms it should only be provided for COP and DCOP at the proposal stage and should be included with the cost proposal volume.

Q.62 Can USAID please confirm that any partnerships proposed with local organizations should be non-exclusive?

A.62 USAID does not encourage or require exclusivity.

Q.63 C.4 Activity Implementation, page 12: In order to provide USAID with high-quality deliverables during the inception period, would USAID kindly permit Offerors one month of operational start-up prior to the commencement of the inception period? This time frame would enable Offerors to ensure the necessary operational, programmatic, and personnel foundation to effectively implement the inception period, particularly given the post-award proposal, evaluation, and approval of the Objective Leads.

A.63 All startup activities should be included in the mobilization plan.

Q.64 C.4 Activity Implementation, page 12: As long as the Offeror “conduct[s] analyses, test[s] design assumptions, and collaborate[s] with partners to inform the development of the Year 1 workplan”; and assesses the topics specified by USAID (i.e., court performance and efficiency, corruption vulnerability, minority integration, CMIS needs and overall justice system digitalization, and justice financing), would USAID kindly permit Offerors to tailor the method, content, and duration of the inception period? This will enable Offerors to better sequence analyses and interventions according to their unique program design as well as produce higher-quality deliverables in line with USAID goals.

A.64 The contractor will propose a methodology that will be approved by USAID however the duration will remain the same.

Q.65 C.4 Activity Implementation, page 12: For the Inception Period, USAID has requested “the following assessments: 1) court performance and efficiency, 2) corruption vulnerability, 3) minority integration, 4) Case Management Information System (CMIS) needs and overall justice system digitalization, and 5) justice financing.” If available, could USAID kindly provide Offerors with dates of the most recent iterations of these or similar analyses, as well as their findings?

A.65 The contractor should conduct these assessments during the inception period as stipulated in the

RFP.

Q.66 C.4 Activity Implementation, page 14: Tara question about “Expected Result 3.2: Court practice and jurisprudence in civil, administrative, and criminal proceedings streamlined and unified.”

Would USAID consider changing this Expected Result to be “Streamlining and unification of court practice and jurisprudence in civil, administrative, and criminal proceedings advanced,” to make the result more feasible and achievable?

A.66 The phrasing in the RFP will remain.

Q.67 L.7 General Instructions for the Preparation of the Technical Proposal, page 79: Can USAID please confirm that offerors may include a List of Acronyms, which will not count against the page limit, in their Technical Proposal?

A.67 USAID confirms.

Q.68 L.7 General Instructions, page 79: Can USAID please confirm that “6. Contractor Performance Information (does not count against page limit)” is Annex F and is not counted toward the 20 page limit for the Technical Proposal?

A.68 USAID confirms that contractor performance information is Annex F and does not count toward the 20-page limit for the Technical Performance.

Q.69 L.7 General Instructions for the Preparation of the Technical Proposal and L.8 Technical Approach, page 79: The RFP states that the Technical Proposal is limited to 20 pages. However, the RFP also states that the Technical Approach – which is just one component of the Technical Proposal – is not to exceed 20 pages. Can USAID please confirm that the page limit for the entire Technical Proposal is 20 pages, and that offerors will decide how to distribute those 20 pages between the Technical Approach and Personnel and Management Sections?

A.69 USAID confirms the technical proposal is not to exceed 20-pages and offerors will decide how to allocate the pages.

Q.70 L.7 General Instructions for the Preparation of the Technical Proposal, page 79: The RFP states that the Technical Proposal must have “each page and paragraph numbered consecutively.”

Would USAID please remove the requirement to number paragraphs? 10. L.8 Technical Approach, page 79-80: “The offeror’s narrative section must include a clear description and understanding of the approach and the general strategy being proposed will achieve the expected results required in Section C under Objectives 1-3 and the crosscutting objectives.” Can USAID please clarify if this is intended to read as follows: “The offeror’s narrative section must include a clear description and understanding of how the approach and the general strategy being proposed will achieve the expected results required in Section C under Objectives 1-3 and the crosscutting objectives.”?

A.70 Only page numbers are required (see answer to Question 29) and the interpretation is correct.

Q.71 L.9 Personnel and Management, pages 80-81: Would USAID please allow offerors to include each key personnel candidate’s references on a third page, so that each candidate’s CV can use a full two pages?

A.71 Refer to above answer to Question 7.

Q.72 L.10 Contractor Past Performance, page 81: The RFP states, “Provide the most recent and relevant contracts from the last five years for efforts similar to the work required in Section C of this solicitation.” Would USAID please allow Offerors to also provide past performance information on recent and relevant cooperative agreements and grants?

A.72 Any relevant experience may be included.

Q.73 L.10 Contractor Past Performance, page 82: The RFP states, “For all awards listed above that are not in the Contractor Performance Assessment Reporting System (CPARS), the offerors must submit the past performance information as Annex E to the technical proposal.”

a. Can USAID please confirm that the Past Performance Information Matrix should be submitted as Annex F, not Annex E: Draft Mobilization Plan? (page 79)

b. Can USAID please confirm that Offerors may fill out all fields of the Past Performance Information Matrix for awards that are in CPARS?

A.73 Yes for a and b.

Q.74 L.10 Contractor Past Performance, page 82: Can USAID please confirm that offerors should use the matrix template provided as attachment J.1, rather than the template at the link in section L.10? If offerors should use the template at the link, could USAID please provide offerors with access to the link?

A.74 Please use the attached template.

Q.75 L.11 Instructions for the Preparation of the Cost Proposal, page 84: The RFP states, “The offerors shall submit an activity compensation plan which reflects the proposed staffing plan covering all planned positions and the corresponding salary rates. The compensation plan shall state the salary ranges for all proposed positions with the proposed/negotiated rate.” Would USAID kindly provide Offerors with their FSN salary ranges?

A.75 Refer to above answer to Question 23.

Q.76 L.11 Instructions for the Preparation of the Cost Proposal, page 86: Can USAID please confirm that these are the following parts to the Cost Proposal, and that there is no Part 6?

o Part 1 – Standard Form (SF) 33 o Part 2 – Proposed Costs o Part 3 – Evidence of Responsibility o Part 4 – Letters of Commitment (Subcontractors) o Part 5 – Branding and Marking Plan o Part 7 – Portions of Section K not Available Online o Part 8 – Employee Biographical Data Sheets for Key Personnel

A.76 Refer to above answer to Question 38.

Q.77 L.11 Instructions for the Preparation of the Cost Proposal, page 86: In the instructions for the Cost Proposal, the RFP states, “Offerors must also include letters of commitment signed by each person proposed as key personnel confirming their present intention to serve in the stated position and their present availability.” Key personnel letters of commitment are also listed as Annex C of the Technical Proposal (L.9, page 81). Can USAID please confirm that offerors may include key personnel letters of commitment as an Annex to the Technical Proposal, and that they are not required to include them with the Cost Proposal?

A.77 Refer to above answer to Question 36.

Q.78 F.6.1 Due Dates for Plans, Reports, and Deliverables, page 22: The RFP states that the Mobilization Plan must be submitted “With the proposal; COR’s comments, 10 calendar days after the award.”

As the Draft Mobilization Plan will be submitted with the proposal, can USAID please clarify when the final Mobilization Plan is due?

A.78 The final draft is due within 10 days of award.

Q.79 Given the holiday season in both the US and Kosovo, and offerors’ abilities to arrange meetings with counterparts, partners, and others during late December through mid January can USAID please consider extending the proposal submission due date by two Weeks?

A.79 Refer to the above answer to Question 50.

Q.80 Section L.10 Contractor Past Performance, instructs the offeror to “provide the most recent and relevant contracts from the last five years for efforts similar to the work required in Section C of this solicitation” in Annex E. Please confirm that offerors may provide past performance information from Grants and Cooperative Agreements?

A.80 Any relevant past performance can be provided.

Q.81 Section H.11 Additional Requirements for Personnel Compensation instructs offerors that “the proposed salary ranges for CCNs/TCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP)”. Can USAID provide the Local Compensation Plan so offerors may ensure compliance?

A.81 Refer to the above answer to Question 23.

Q.82 On page 14 under Section C Objective 3, USAID notes that “the Activity will support significant investments to the justice system’s ICT architecture”. Can USAID clarify provide a plug figure for ICT equipment?

a. On page 79 under Section L.7 General Instructions for the Preparation of the Technical Proposal, the instructions state that “the Technical Proposal is limited to 20 pages excluding those documents listed under “Note” below.” Section L.8 Technical Approach instructions state “not to exceed 20 pages.” It is not clear whether Section L.9 Personnel and Management Approach is included in the 20 page limitation. Can USAID clarify whether the Personnel and Management Approach falls within the 20-page limit for the Technical Approach?

b. If the Personnel and Management Approach does not fall within the 20-page limit for the Technical Approach, can USAID clarify whether this section has its own page limit?

A.82 Refer to the above answer to question 21. For question under a) refer to the above answer to Question 25 and for b) refer to the above answer to Question 6.

Q.83 On page 12 under Section C, the RFP notes that “the Activity will build upon the concrete rule of law achievements supported by USAID, the European Union, and other donors over the past two decades”. We note that the USAID DEC does not contain any periodic reports or other materials from the current USAID Kosovo Justice Activity (with the exception of a 2024 mid-term evaluation). Can USAID please provide access to these materials?

A.83 The responsible implementing partner has confirmed to USAID that these materials are uploaded to the DEC.

Q.84 Section L.9.a Personnel and Management Approach instructs that the page limits for the COP and DCOP CVs are two (2) pages. Further, offerors are required to provide three (3) Recent references.

Can USAID confirm that the three references should be provided on a separate page and are thus excluded from the CVs and the 2-page limit?

A.84 Refer to the above answer to Question 7.

Q.85 H.11 (d) Salary increases stipulate that salary increases may not exceed 3%. Would USAID consider increasing this to 5% to ensure that the implementor is able to competitively retain personnel throughout the life of the activity?

A.85 Refer to the above answer to Question 18.

Q.86 Per Section F.6.1(j), the draft final report is required within 30 days of the end of the project and the final revisions to the final report is required within another 30 days. Will USAID consider allowing the final revisions to be submitted 60-90 days after the end date of the project?

A.86 USAID will retain the submission deadline as written in the RFP.

Q.87 L.11 Instruction for the Preparation of the Cost Proposal instructs that “the Offeror must submit indirect cost rates information as required by Section B.5 of this RFP. Additionally, 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.” Will USAID allow Offerors to change predetermined rates should a new NICRA be established and certified by the cognizant agency after award?

A.87 USAID will allow Offerors to change the predetermined rates should a new NICRA be established and certified by the cognizant agency after award.

(END OF QUESTIONS AND ANSWERS)

SUBJECT: Amendment 01 of Request for Proposal (RFP) SOLICITATION No. 72016725R00001

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), through the Regional Office for Acquisition and Assistance in Kosovo, is seeking proposals from qualified organizations to implement the Accountable Justice Activity as described in Section C of this solicitation.

This activity falls under the USAID/Kosovo Democracy and Governance portfolio. The goal of the Accountable Justice Activity is to promote an independent, accountable, and efficient justice system that delivers timely and fair justice to all Kosovans and upholds the rule of law as a foundation for democratic governance and Euro-Atlantic integration.

USAID/Kosovo anticipates awarding one Cost-Plus-Fixed-Fee completion type contract as a result of this solicitation, covering an estimated period of five (5) years from the date of the award. The principal geographic code for this contract is 937. The North American Industry Classification System (NAICS) code for this acquisition is 541611.

Subject to availability of funds, USAID estimates available funding for this contract up to $15 million.

USAID’s intent is to maximize the best value and is in no way obligated to make an award at the maximum estimated amount. Offerors should not strive to meet the maximum amount; rather, offerors should propose the best technical/management solution, and costs that are appropriate, realistic, and reasonable, and in accordance with the proposed approach for achieving the activity objectives.

This procurement will be conducted through full and open competition, pursuant to Part 15 of the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). All organizations are eligible to compete; USAID encourages the participation of all organizations, including local Kosovan organizations, small business concerns, veteran owned small businesses, service-disabled veteran small businesses, HUB zone small businesses, small disadvantaged businesses, women-owned small business concerns and small business concerns in this activity as the prime contractor or as subcontractors.

Only electronic proposals will be accepted. Failure to comply with the submission dates and times indicated above may result in a submission being deemed late, as such it may not be reviewed or evaluated. The proposals must be prepared in accordance with instructions included in Section L and will be evaluated based on the evaluation factors and criteria contained in Section M of this RFP. All questions and requests for clarification regarding this solicitation must be submitted electronically to Fiolla Radoniqi at fradoniqi@usaid.gov and Dukagjin Hasani at dhasani@usaid.gov by the date and time specified above.

USAID reserves the right to amend or rescind this solicitation at any time. This solicitation, amendments to this solicitation, responses to questions, and announcement of contract award issued will be posted on sam.gov. It is the Offeror’s responsibility to monitor this website periodically for official updates to

Amendment 01 - RFP Issuance Date: December 17, 2024

Questions Due Date: December 12, 2024, 17:00hr Kosovo local time Answers to the questions Due Date: December 18, 2024 Revised Proposals Submission Due Date: January 27, 2025, 17:00hr Kosovo local time mailto:cberkowitz@usaid.gov mailto:dhasani@usaid.gov https://sam.gov/

Request for Proposal (RFP) No.: 720167R2500001 this solicitation. Issuance of this solicitation and the submission of a proposal do not constitute a commitment on the part of the U.S. Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal.

USAID appreciates the time and effort put into preparing proposals in response to this solicitation.

All interested Offerors must review the Request for Application

Sincerely

Anthony Baker Foreign Service Contracting Officer

Contents

PART I – SCHEDULE 6

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 6

B.1 PURPOSE 6

B.2 CONTRACT TYPE 6

B.3 ESTIMATED COST, FEE, AND OBLIGATED AMOUNT 6

B.4 PRICE SCHEDULE 6

B.5 INDIRECT COST 7

B.6 ADVANCE UNDERSTANDINGS ON CEILING INDIRECT COST RATES AND FINAL REIMBURSEMENT

FOR INDIRECT COSTS 7

B.7 COST REIMBURSABLE 7

B.8 PAYMENT OF FEE 7

B.9 MULTI-YEAR CONTRACT AND CANCELLATION CEILING 8

SECTION C – STATEMENT OF WORK 9

C.1. PURPOSE 9

C.2. DEVELOPMENT CHALLENGE 9

C.3. DEVELOPMENT CHALLENGE 10

C.4. ACTIVITY IMPLEMENTATION 10

C.5. LINKS TO MISSION AND USG STRATEGIES AND POLICIES 14

C.6. COLLABORATION WITH USAID AND OTHER USG DONOR ACTIVITIES 15

C.7. EU INTEGRATION AND INTERNATIONAL ALIGNMENT 15

C.8. COLLABORATING, LEARNING AND ADAPTING 16

SECTION D – PACKAGING AND MARKING 17

D.1 AIDAR 752.7009 MARKING (JAN 1993) 17

D.2 USAID BRANDING AND MARKING POLICY 17

D.3 BRANDING IMPLEMENTATION AND MARKING PLAN 17

SECTION E – INSPECTION AND ACCEPTANCE 18

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 18

E.2 INSPECTION AND ACCEPTANCE 18

SECTION F – DELIVERIES AND PERFORMANCE 19

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 19

F.2 PERIOD OF PERFORMANCE 19

F.3 PLACE OF PERFORMANCE 19

F.4 PERFORMANCE STANDARDS 19

F.5 KEY PERSONNEL 19

F.6 PLANS, REPORTS, DELIVERABLES, AND PERFORMANCE MONITORING 20

SECTION G – CONTRACT ADMINISTRATION DATA 29

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 29

G.2 ADMINISTRATIVE CONTRACTING OFFICE 30

G.3 CONTRACTING OFFICER'S AUTHORITY 30

G.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR) 30

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 30

G.6 PAYMENT AND INVOICES 32

G.7 ACCOUNTING AND APPROPRIATED DATA 32

SECTION H – SPECIAL CONTRACT REQUIREMENTS 33

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 33

H.2 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 33

H.3 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 33

H.4 AIDAR 752.228-3 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (DBA)

[(DEVIATION JUN 2022)] 34

H.5 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007) 34

H.6 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVAL (JUL 2023) 35

H.7 AUTHORIZED GEOGRAPHIC CODE 36

H.8 LOGISTIC SUPPORT 37

H.9 EXECUTIVE ORDER ON TERRORISM FINANCING 37

H.10 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 37

H.11 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 37

H.12 LANGUAGE REQUIREMENTS 39

H.13 CONSENT TO SUBCONTRACTS 39

H.14 INTERNATIONAL TRAVEL APPROVAL 40

H.15 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 40

H.16 ENVIRONMENTAL COMPLIANCE AND REQUIREMENTS 40

H.17 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION ACT OF 1973 AND FEDERAL

ACQUISITION CIRCULAR (FAC) 97-27 "ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY

H.18 AIDAR 752.222-70 USAID DISABILITY POLICY (DECEMBER 2004) 41

H.19 752.222-71 NONDISCRIMINATION (MAY 2024) 41

H.20 ELECTRONIC PAYMENTS SYSTEM 42

H.21 FAR 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (SECTION 889) (June 2023) 42

H.22 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2023) 43

PART II CONTRACT CLAUSES 45

SECTION I – CONTRACT CLAUSES 45

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 45

I.2 FAR 52.204-1, APPROVAL OF CONTRACT (DEC 1989) 48

I.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 48

I.4 FAR 52.229-8 TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 48

I.6 752.239-70 INFORMATION TECHNOLOGY AUTHORIZATION (MAY 2024) 49

I.7 752.239-71 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (MAY 2024) 50

I.8 752.239-72 USAID-FINANCED PROJECT WEBSITES (MAY 2024) 51

I.9 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018) 52

I.11 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016) 53

PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 55

SECTION J – LIST OF ATTACHMENTS 55

PART IV REPRESENTATIONS AND INSTRUCTIONS 56

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 56

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 56

K.2 FAR 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) 56

K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 60

K.4 FAR 52.209-7, INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 62

K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 63

K.6 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (NOV

2021) 64

K.7 FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 66

K.8 FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 66

K.9 FAR 52.230-1, COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020) 66

K.10 FAR 52.230-7, PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE CHANGES (APR 2005) 69

K.11 SIGNATURE 72

SECTION L – INSTRUCTIONS TO OFFERORS 74

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 74

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 74

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 74

L.4 WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES AND EQUIPMENT (JUNE 2023) 75

L.5 GENERAL INSTRUCTIONS TO OFFERORS 75

L.6 SUBMISSION INSTRUCTIONS 76

L.7 GENERAL INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 77

L.8 TECHNICAL APPROACH…