Sol_72027920R00001_Amd_0002.pdf

SOL_72027920R00001

Amendment #0002

CONTINUATION PAGE

Accordingly, the following changes have been made to the Original RFP 72027920R00001:

1. Section L.11 INSTRUCTIONS FOR PREPARATION OF THE COST PROPOSAL. Part 3 paragraph 1 is revised as follows:

“(1) Offerors must ensure they are registered with the System for Award Management (www.sam.gov) per FAR part 4.”

2. Section M.3 TECHNICAL PROPOSAL EVALUATION FACTORS, add the following language at the end of the section:

“An Offeror’s performance will not be evaluated favorably or unfavorably when:

1. The Offeror lacks relevant performance history;

2. Information on performance is not available; or

3. The Offeror is a member of a class of offerors where there is a provision not to rate the class against a sub factor.

When this occurs, an Offeror lacking relevant performance history is assigned a “neutral” rating. Prior to assigning a “neutral” past performance rating, the Contracting Officer may take into account a broad range of information related to an offeror's performance.”

The following changes are made to Amendment #1 to the RFP 72027920R00001:

3. Revise response to Question #40 as follows:

“40. On pg. 88, Section L.7.d, USAID notes the organization of the technical proposal, where Annex A is for the Organizational Chart for YCLE and Annex B is for Key Personnel Roles and Qualifications. In Section L.8, USAID indicates that the staffing and management plan must “include an organizational chart demonstrating lines of authority and staff responsibilities, accompanied by position descriptions.”

a. Can USAID clarify the difference between position descriptions and staff responsibilities?

USAID Response: The "position description" can include expected "staff responsibilities," but should also list relevant qualifications and skills. The staff responsibilities refers specifically to the list of functions expected for each role.

b. Can USAID clarify whether position descriptions should be included with Annex A or Annex B or elsewhere?

USAID Response: The summary should be in Annex A, and the detailed description in the Technical Proposal Body.

c. If Annex B, should the Offeror include only the position descriptions for Key Personnel?

d. Should Annex B include required/preferred qualifications for Key Personnel or actual qualifications of our proposed Key Personnel?

USAID Response: Please note Annex B has been deleted with this amendment.

e. To minimize clutter in the organizational chart and make it easier to read, can the Offeror include staff responsibilities and position descriptions in Annex A as separate pages from the organizational chart or provide this information in the Management, Staffing, and Organizational Capacity section of the technical proposal?

USAID Response: The summary should be in Annex A, and the detailed description in the Technical Proposal Body.”

4. Delete Question #76 and replace with the following:

“76. According to page 89 of the RFP, “For all contracts listed above the Offeror is required to submit as part of its proposal, the most recently submitted contractor performance assessment report (CPAR) that is available in the CPAR System (CPARS).

For each referenced contract that is not in CPARS, the contractor must request that referees send the following information directly to USAID using the format provided in Attachment J.2 Past Performance Information Form.”

a. Can USAID please confirm that if all of the Offeror’s selected contracts for past performance have CPARS, the Offeror only needs to list them in Annex E – Past Performance Information Forms?

b. Can USAID also confirm that the submitted CPARs should be included in Annex E - Past Performance Information Forms?

USAID Response: USAID confirms that if the Offeror’s selected contracts for past performance have CPARS the Offeror only needs to include submitted CPARs in Annex E - Past Performance Information Forms.”

5. Add the following questions and answers:

“81. How will USAID evaluate firms that have recently graduated to a large business and may have insufficient experience using small businesses as subcontractors?

USAID Response: An Offeror’s performance will not be evaluated favorably or unfavorably when:

1. The Offeror lacks relevant performance history;

2. Information on performance is not available; or

3. The Offeror is a member of a class of offerors where there is a provision not to rate the class against a sub factor.

When this occurs, an Offeror lacking relevant performance history is assigned a “neutral” rating. Prior to assigning a “neutral” past performance rating, the Contracting Officer may take into account a broad range of information related to an offeror's performance.

82. Concerning paragraph three of the Yemen Continuous Learning and Evaluation Activity (YCLE) invitation letter from USAID/Yemen Contracting Officer, Zachary Clarke: “Any current USAID/Yemen implementing partner, contractor or grantee, shall be disqualified from pursuit of work under this solicitation, either as a prime or subcontractor, if the work under the anticipated contract would be related whatsoever to the contractor or grantee’s current award, as determined by the Contracting Officer. The Head of the Contracting Activity, in consultation with USAID’s Competition Advocate, may authorize a waiver (in accordance with FAR 9.503) by determining that preclusion of the Contractor from the contract would not be in the Government’s interest.”

ꞏ Please confirm "current" in this context refers to the YCLE period of performance, i.e. support contractors providing MEL services under awards that expire prior to the start of YCLE would not present a COI.

ꞏ Please confirm that a current USAID/Yemen implementing partner, contractor, or grantee is qualified to pursue work under the YCLE RFP if its award has expired prior to the issue date for the award under this solicitation.

ꞏ Please confirm that this paragraph prevents YCLE proposals from including formal partnerships (subcontracting agreements) with local (Yemeni) companies and organizations that are currently engaged as a subcontractor on current USAID/Yemen programs.

USAID Response: The Contracting Officer will follow the guidance and procedures in FAR 9.5 Organizational and Consultant Conflicts of Interest. Each offeror and proposed subcontractor will be reviewed on a case by case basis. Therefore, we cannot respond to the above statements at this time, as the decision depends on multiple factors. We recommend that the offerors review FAR part 9.5 and make their best judgement when selecting partners.

ꞏ Can you explain at which point in the proposal or program implementation process the Contracting Officer will intervene to determine whether a current USAID/Yemen implementing partner, contractor, or grantee is disqualified from performing the work under the YCLE contract and how soon the CO’s determination would be conveyed to the interested applicant?

USAID Response: As prescribed in FAR 9.504(a) the Contracting Officer will identify and evaluate potential organizational conflicts of interest as early in the acquisition process as possible. As stated in FAR 9.504(e) “Before determining to withhold award based on conflict of interest considerations, the contracting officer shall notify the contractor, provide the reasons therefor, and allow the contractor a reasonable opportunity to respond. If the contracting officer finds that it is in the best interest of the United States to award the contract notwithstanding a conflict of interest, a request for waiver shall be submitted in accordance with 9.503.”

83. Section H.8 states that the Contractor’s subcontracting plan will be completed at the time of award. However, Section L.11 Part 8 states that “if the Offeror is other than a small business, it must submit a Subcontracting Plan.” Please confirm whether the Subcontracting Plan will be completed at the time of award or should be included in the proposal submission.

USAID Response: The Subcontracting Plan should be included in the proposal submission. The statement in Section H.8 “{to be completed at time of award}” refers to the submission date of the subcontracting plan, that will be entered in lieu of the phrase in brackets at the time of contract award.

84. Paragraph L.5(e)(3) states that “an Offeror and each proposed major subcontractor may reference its representations, certifications and other statements if they are registered at https://www.uscontractorregistration.com.” However, Section L.11 Part 3 paragraph 2 states that Offeror and each proposed major subcontractor must complete Section K, and must provide a signed and dated Section K. Please confirm that Offerors and proposed major subcontractor may reference its representations, certifications and other statements if they are registered at https://www.uscontractorregistration.com and will not be required to submit a signed and dated Section K.

USAID Response: All Offerors and major subcontractors must complete and submit a signed and dated Section K, as the Representations and Certifications in Section K are specific to this procurement. Please see Section K.2(b)(1) for further guidance, if an offeror is registered at https://www.uscontractorregistration.com.

85. Paragraph L.5(e)(3) states that “all Offerors must be registered in the System for Award Management (SAM) available at https://www.sam.gov before the award.”

However, Section L.11 Part 3 paragraph 1 states that “Offerors and proposed subcontractors must ensure they are registered with the System for Award Management (www.sam.gov) per FAR part 4.” Please confirm that proposed subcontractors may register in www.sam.gov before the award.

USAID Response: Please note the language requiring subcontractors to be registered with SAM has been deleted.

86. Section L.11 Part 5 states that the Offeror and all proposed subcontractors must submit the Information Concerning Work Day, Work Week and Paid Absences.

Please confirm that only the Offeror and proposed major subcontractors are required to submit the Information Concerning Work Day, Work Week and Paid Absences.

USAID Response: We confirm that only the Offeror and proposed major subcontractors are required to submit the Information Concerning Work Day, Work Week and Paid Absences.

[End of Amendment #2]