Q&As_JACA_RFP.pdf

Solicitation #72016819R00001 JACA

Questions and Answers

GENERAL

1. Q: Is it the Government’s intent to prohibit offerors from utilizing exclusivity agreements with local professional personnel/local subcontractors?

A: The Government does not prohibit nor does it encourage the utilization of the exclusivity agreements.

2. Q: Will the Government consider a Firm Fixed Price (FFP) Labor CLIN, and a cost reimbursable travel

CLIN in lieu of a exclusively Cost Plus Fixed Fee construct?

A: All factors described in selection types of FAR Part 16.104 have been considered. A Cost Plus Fixed Fee

Completion contract is anticipated to be awarded for the implementation of this activity..

3. Q: Regarding Section L.5.A(a)(3) General Instructions (p.47), would USAID kindly confirm that all narrative text should be submitted in PDF format only and that budgets should be submitted in

Microsoft Excel? Could USAID please also clarify whether “other relevant tables” means budget-related tables only? May offerors include tables in the technical proposal, including the Draft MEL Plan in PDF format?

A: Budget narrative text must be submitted in PDF format and budget must be submitted in Microsoft

Excel. Tables can be included both in the technical proposal (PDF), as well as under budget spreadsheet tabs as appropriate. Please note that tables included in the technical proposal are subject to page limitation specified in the solicitation.

4. Q: Can USAID comments on whether it encourages or discourages exclusive commitment by cooperating country nationals to staff key personnel positions and also local subcontractors?

A: See Q. No. 1 above.

SECTION C:

5. Q: Would USAID kindly confirm whether offerors should consider the “Illustrative Results”/”Expected

Results identified in Section C III Performance Objectives and Illustrative Results (pp.4-6), as well as the

Results at the Outcome/Output level in the Activity Logical Framework (Attachment J.6) to be sample results and whether offerors may formulate their own set of Expected Results for the purposes of the

Scope of Work/Technical Approach and the Activity Logical Framework in accordance with their

Technical Approach to achieving the Goal, Purpose and Sub-purposes?

A: The “Illustrative Results”/”Expected Results identified in Section C are sample results and offerors may formulate their own set of Expected Results for the purposes of the Scope of Work/Technical Approach and the Activity Logical Framework in accordance with their Technical Approach to achieving the Goal, Purpose and Sub-purposes.

6. Q: May offerors propose grants under contract GUC) to CSOs, research institutes, professional associations and/or media to support activities that will contribute to JACA’s goal, purpose and sub-purposes and/or outcomes/outputs?

A: USAID expects the potential offerors to suggest the set of activities that would be most appropriate for reaching the goals set in the published SOO.

7. Q: On Page 5, USAID states “ recent assessment findings showed that a majority of corruption cases are located in a small number of areas. Therefore, focus should be given to a select number of POs, mainly specialized POs and major cantonal POs (absent the establishment of the Special Department of

PO FBiH), and first and second instance courts in the same area of country, and provide assistance in processing the most complex corruption and organized crime cases. Does USAID expect offerors to identify which PO’s and courts will be the JACA counterparts for this project, or will this be decided after award in cooperation with USAID and based on information currently being collected by project counterparts?

A: Yes, USAID expects offerors to identify which PO’s and courts will be the JACA prime counterparts for this project.

8. Q: On page 6, USAID states that the main challenges to implementing the integrity plans in courts and

PO’s “(i) informing and educating all judges and prosecutors (and other staff) about the content and substance of these plans; and (ii) tracking and monitoring implementation of the integrity plans by one person (one person designated by POs to monitor and coordinate implementation). Does the reference to all judges in this passage imply that USAID intends for JACA to educate all judges and prosecutors and other staff about the integrity plans?’ Or just the selected courts and PO’s?

A: USAID intends for JACA to educate primarily judges and prosecutors of the selected courts and PO’s.

9. Q: Does USAID foresee JACA working on disciplinary matters under C2?

A: No.

10. Q: Can USAID please provide its definition of high profile corruption and economic crime?

A: USAID does not have its definition of the high profile corruption and economic crime. Please refer to the opinion of the High Judicial and Prosecutorial Council and OSCE definition of corruption cases, if publicly available at this point.

11: Q: On page 7 of Attachment 1, fourth paragraph Environmental Review, it states that the IEE will be attached to the RFP. Attachment J.5 Summary Budget Format includes an entry for Environmental

Compliance Costs. Please provide a copy of the IEE. Also, does USAID anticipate that there may be activities added to the project which are not covered by the IEE?

A: Per instructions provided to the Mission, the final IEE is to be prepared by USAID/BiH and submitted for approval prior to awarding the Contract.. The RFP will be amended accordingly to remove the reference to the IEE attachment.

12. Q: On page 1, you cite the EU Progress report for BiH. Is it possible for us to get a copy?

Additionally, is it possible to get a copy of the Judicial Effectiveness Index for 2017?

A: The JEI 2017 report is available from https://pdf.usaid.gov/pdf_docs/PA00TF21.pdf. This will also be included in Amendment 1 of the RFP.

13: Q: On page 2 under POS line 5, it indicates the disposition of general crime cases. Should this be disposition times?

A: No. It should be as stated: “Disposition of General crime cases.”

14. Q: On page 2 Police Competencies: Can USAID elaborate on to what extent we can provide training and technical assistance to the police?

A: USAID/BiH does not anticipate any assistance to law enforcement under JACA.

15. Q: On Page 3, there appears to be a contradiction in the percentage increase in conviction rates with one statement indicating an increase of 6.1% between 2014-2017 and another indicating an increase of

5.3% between 2014 and 2017. Can you clarify?

A: There is no contradiction. 6.1% refers to the increase in the overall number of convictions in corruption-related cases between 2014 and 2017. The 5.3% percentage points refer to the conviction rate.

16. Q: On Page 9, Under ANNEX 1: Justice Activity Can USAID clarify that the contractor implementing the JA is Millennium DPI Partners, LLC?

A: The incumbent contractor implementing current USAID’s Justice Activity in BiH is the Millennium DPI

Partners, LLC.

17. Q: Is this a new requirement or is there an incumbent vendor?

A: The Judiciary Against Corruption Activity (JACA) is a new programmatic requirement.

SECTION F

18. Q: The Government requires offerors submit a Demobilization Plan, but does not include a requirement for the submission of a Mobilization/Startup Plan. Will a Mobilization/Startup Plan be required in the proposal submission and, if so, which section of the Technical Proposal should offerors include the Plan?

A: The offerors are not required to submit a mobilization/startup plan with their proposals.

https://pdf.usaid.gov/pdf_docs/PA00TF21.pdf

19. Q: The Government references Government Property in several sections of the Solicitation but does not indicate if GP will be issued to the successful offeror. Is it the Government’s intent to issue

Government property to the successful offeror? If so, what are the anticipated types of GP to be issued by the Government?

A: No Government Property will be issued to the successful offeror. It is up to the offerors to propose equipment needed for the implementation of the prospective award.

SECTION L

20. Q: Are sealed packages only required at the prime contractor level?

A: Electronic responses are required for this solicitation. Sealed packages are not required. Hand delivered proposals (including commercial courier) and facsimile transmission will not be accepted.

21: Q: Please clarify the maximum number of past performance examples Offerors are permitted to submit.

A: There is no limit as to the number of past performance examples. Offerors are instructed to list in an annex to the technical proposal all relevant contracts for the past five years for themselves and each major subcontractor for efforts similar to the work in the subject proposal. The most relevant indicators of performance are contracts of similar size, type of work, scope of work, and complexity/diversity of tasks and how recently they were performed.

22: Q: Please clarify the number of past performance examples prime Offerors and their major subcontractors are each permitted to submit in the proposal.

A: See Q. No. 21 above.

23: Q: Is there maximum number of CPIs that may be submitted as part of the CPI annex?

A: See Q. No. 21 above.

24. Q: Section L.5.B(b) Content of Technical Proposal (p.48) states that “technical proposals must be organized by the technical evaluation criteria listed in Section M,” but Section L.5.B(a) Organization of the Technical Proposal (pp.48-49) appears to require a different ordering of the Technical Proposal. May offerors reorder the sections described under L.5.B(a)(v) and (vi) (p.49) so that the Technical Approach mirrors the factors in Section M, and the annexes mirror the ordering of sections within the Technical

Proposal?

A: Section L.5.B will be revised in Amendment 1 of the RFP to clarify this.

25. Q: With regards to Section L.5.B(b) Factor L.2 – Key Personnel (p.50), we understand that the information and documentation requested under items 1(c), (d) and (e) should be included in an Annex.

Could USAID confirm that information requested under items 1(a) and (b), as well as under item 2 (Key

Personnel Position Descriptions) should be presented in a section of the Technical Proposal that is entitled Key Personnel, is separate from, and is ordered following the Technical Approach?

A: Information requested under L.5.B(b) Factor L.2 - Key Personnel, 1(c), 1(d), and (1e) must be included in an Annex to the Technical Proposal, with the exception of the Biographical Data sheets which is to be provided in the Cost Proposal.

Information requested under Section L.5.B(b), 1(a) & 1(b) must be part of the Technical Proposal (25 pages limit).

Key Personnel Position Descriptions requested under Section L.5.B(b)2 are to be included in an Annex to the Technical Proposal. The RFP will be amended accordingly to clarify this section.

26. Q: If USAID confirms the above is there a page limit for the Factor L.2 – Key Personnel section of the

Technical Proposal?

A: There is no page limit in terms of the key personnel section of the Technical proposal. However, as the

RFP stipulates, the Technical Proposal is limited to 25 pages. Please see also Q. No. 25 above.

27. Q: In Section L.5.B(b) Factor L.2 – Key Personnel (p.50), item (1)(b) says “the offeror must provide key personnel offering the best value to the activity and justify that value.”

a. Since offers are prohibited from including cost information in the Technical Proposal, could USAID please clarify the definition of “best value” for the purposes of this requirement.

b. Offerors do not have common access to the identity their competitors proposed personnel or their competitors’ position descriptions. Can each offeror assume that it is not obligated to demonstrated how its proposed key personnel and/or position descriptions offer “best value” compared to the proposed key personnel and/or position descriptions of other offerors?

A: a. The offerors must consider all technical and non-technical factors in identifying key personnel best suited to contribute to the objectives of the activity.

b. The key personnel will be evaluated based on the criteria set forth in RFP Section M.3 Technical

Evaluation Criteria, Factor M.2 - Key Personnel.

28. Q: Section L.5.B(b) Factor L.3 – MEL Plan (pp. 50-51) states “the Offeror must submit a draft

Monitoring, Evaluation, and Learning (MEL) Plan in the required format (Section J, Attachment J.3,” The

MEL Plan Template provided in Attachment J.3 requires a budget. Would USAID kindly confirm that offerors should not complete the budget section of the MEL Plan Template for the purposes of the MEL

Plan Annex to the Technical Proposal?

A: USAID does not require offerors to complete the budget section of the MEL template for the purposes of the MEL Plan Annex to the Technical Proposal. However, such costs must be included in the overall, detailed JACA cost proposal.

29: Q: Section L.5.B(b) Factor L.3 – MEL Plan (pp. 50-51) states “the Offeror must submit a draft

Monitoring, Evaluation, and Learning (MEL) Plan in the required format (Section J, Attachment J.3,” The

MEL Plan Template provided in Attachment J.3 requires a budget. Would USAID kindly clarify whether offerors should include a separate budget worksheet for MEL activities in the Cost Proposal? If so, are offerors required to use the budget template from the MEL Plan Template?

A: Please see Q. No. 28 above.

30. Q: Can USAID please provide the definition of a major subcontractor?

A: Major subcontractor is the one whose proposed cost exceeds 15% of the offeror’s totals proposed cost, as defined in the RFP.

31: Q: As a small business that does not yet have a NICRA rate and will be submitting Reviewed Financial

Statements, as per page 56, should we determine our indirect cost rate based on the following formula:

direct billable base salaries over allowable indirect? If not, what is the recommended formula?

A: Small businesses that do not have NICRA may propose a single ceiling rate covering the term of award or a ceiling rate in each applicable contract year. See instruction provided under L.6(3) Proposed

Cost/Price, xi. Indirect Cost as to the proposal submission requirements..

32: Q: In addition to the budget summary template provided in the solicitation, is there a template that should be used for the detail budget?

A: There is no template for a detailed budget. It is recommended that offerors can develop their detailed budgets using a summary template attached to the RFP.

33. Q: On Page 55 (3) Preparation of the Cost Proposal ix. Environmental Compliance Costs: Under this separate cost category the offeror must indicate its illustrative budget for implementing the environmental compliance activities. For the purposes of this solicitation, offerors should reflect illustrative costs for environmental compliance implementation and monitoring in their cost proposal.

Can USAID provide the initial environmental examination for Bosnia JACA?

A: See Q. No. 11 above.

34: Q: Can USAID confirm whether or not the log frame is included in the 25 page technical limit?

A: Logframe is not included in the 25 page limit. Logframe must be submitted as an annex to the

Technical Proposal. Technical approach and logframe must mirror each other. RFP will be amended accordingly to clarify this section.

35: Q: Is there a page limitation for each individual CPI form in the annexes?

A: There is no page limitation for this form.

36: Q: On the SF 33 form, the current number of days listed in section 12 for acceptance of offer is 0 days. Can USAID please confirm what number should be listed there?

A: Please see Section L.5.A(9) Offer Validity. Offerors are required to indicate the duration of the validity of their offer in box 12 of the submitted SF 33 Form. USAID recommends to include at least 6 months of validity from the date the offer is submitted to allow sufficient time to evaluate proposals and complete negotiations.

37: Q: In our experience, in contrast to a response to a Statement of Work, which usually requires a description of activities that contribute to predetermined expected results, a response to a Statement of

Objectives typically requires more information to address an offeror’s rational for its proposed design, approach and expected results, as well as for any proposed programming innovations. Would USAID consider increasing the allowable number of pages for the Technical Approach, stated in Section

L.5.B.a.V (p.49), from 10 to 15 pages as long as offerors’ technical proposals do not exceed 25 pages in total?

A: Number of pages for the Technical Approach/SOW is hereby increased from 10 pages to 15 pages with a total of 25 pages for the technical proposal. Solicitation will be amended accordingly.

38. Q: On page 49 in Section L.5.B INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

(v). Can you confirm that the following are all part of the 25 page technical proposal limit.

Technical Approach (10 page limit);

Cover Page;

Cover Letter;

Table of Contents;

Acronym List;

Title Pages; and Dividers.

A: This section is revised in Amendment 1 of the RFP.

39. Q: Is the technical approach or Factor F.1 Statement of Work/Technical Approach limited to 10 pages?

A: See Q. No. 37 above.

40. Q: Are the other factors below to be addressed in the 25 page technical proposal limit (understanding that key personnel resumes, the draft MEL plan, and Contractor Performance information should be in annexes to the technical proposal)?

Factor L.2 - Key Personnel Factor L.3 – Draft MEL Plan, Factor L.4 – Past Performance Information

For example, should the position descriptions of key personnel be included in the 25 page limit, as well as discussion of the MEL plan and our approach to monitoring evaluation and learning as well as past performance?

A: This Section is revised in Amendment 1 of the RFP.

SECTION J

41. Q: Section C I Goal and Purpose (p.1) and Section J, Attachment J.6, Activity Logframe Template state that the Activity Purpose as: “USG-assisted justice sector institutions strengthened to combat corruption, economic and organized crime.” Section C III Performance Objectives and Illustrative Results

(p.4) states, “the purpose of USAID’s Judiciary Against Corruption Activity is to strengthen selected justice institutions to combat corruption.” Section L.5.B(b) Factor L.3 – MEL Plan says that “the MEL Plan must be based on the draft Activity Logical Framework (Section J, Attachment J.6) and the Offeror cannot change result statements at the Purpose and Sub-Purpose levels. Would USAID kindly clarify which Purpose statement is the correct one, and if the statement in Section C III is correct would USAID kindly grant offerors permission to adjust the Result Statement in the Activity Logframe at the Purpose level?

A: The purpose of the activity is to strengthen selected justice sector institutions to combat corruption, economic and organized crime. Section C III of the SOO will be revised accordingly.

42. Q: In Attachment J.3 MEL Plan Template, the table Project 1.1 More Effective Judicial, Executive And

Legislative Branches Of Government under Section 1. Activity And How It Supports USAID Project

(Attachment J. 3 pp.JACA will primarily contribute to USAID project sub-purpose “More effective, independent, and accountable justice actors” and its outcome 1.1.1.2. “Justice sector institutions strengthened to combat corruption”.4-6), it appears that JACA’s Activity Purpose could logically contribute to USAID’s Project Outcome/Output 1.1.1.2. “Justice sector institutions strengthened to combat corruption” and/or to USAID’s higher-level Project Sub-purpose 1.1.8 “Strengthen institutional capacity to fight corruption.” The indicators and sources differ for Project Outcome/Output 1.1.1.2 and

Sub-purpose 1.1.8. Additionally, one of the Standard Foreign Assistance Indicators identified for JACA in

Section L.5.B(b) Factor L.3 – MEL (p.51) appears to be drawn from USAID Project Sub-purpose 1.1.1 while the second appears to be drawn from USAID Outcome/Output 1.1.8.

Since the MEL Plan Template requires offerors to explain the logical connection between the Activity

Purpose, Sub-purposes, and Outcomes/Outputs and the USAID Project Logical Framework, we respectfully request that USAID provide guidance on whether offerors should consider JACA’s Activity

Purpose to contribute to USAID Project Outcome/Output 1.1.1.2 or to contribute to USAID Project

Sub-purpose 1.1.8. This will also help to ensure that proposed interventions contribute to both JACA’s purpose and to USAID’s Project.

A: JACA will primarily contribute to USAID project sub-purpose “More effective, independent, and accountable justice actors” and its outcome 1.1.1.2. “Justice sector institutions strengthened to combat corruption”.

43. Q: Section C, Annex 1, Links to Existing USAID and Other Donor Activities (p.10) states that JACA should complement the activities currently implemented by the USAID Justice Activity and the USAID

Anti-Corruption Civic Organization’s Unified Network (ACCOUNT). Section 1.2.3 of the MEL Plan

Template, Description of the Activity LogFrame and Activity’s Contribution to the Relevant USAID/BiH

Project Logframe (Attachment J.3, p.8), says, “if possible, also discuss how your Activity relates to other

USAID-funded activities that contribute to the same Results in the relevant Project and how you may coordinate your tasks.” Would USAID kindly share the logframe of the Anti-Corruption Civic Organization

Unified Network Account Activity?

A: Offerors should omit this section. Only the JACA contractor will be required to fill it out.