Amendment 1 to RFP 72038620R00003.pdf

RFP No. 72038620R00003, Amendment #1

Support for Urban Water and Sanitation in India (SUWASI)

QUESTION/ANSWERS, ATTACHMENT #1

1. Can USAID share Quarterly and Annual Reports, as well as other deliverables submitted by the predecessor project, Technical Assistance to the Government of India for Swachh

Bharat Mission implemented by KPMG as they are not currently uploaded to USAID’s

Development Clearinghouse.

USAID Response: Please refer to the following table for reports:

Description Deliverables/Links

Produced Video of the

Swachh Bharat Anthem

Video was produced in 2015 and is available on PIB’s youtube channel:

https://www.youtube.com/watch?v=Vw-TeVhfVxY

Functional Swachh Bharat

Urban Portal

The portal was developed and handed over to GoI in

2016. The portal is now maintained by MoHUA at the below link http://swachhbharaturban.gov.in/ihhl/

Public Toilet Locator

Mobile App (user and Admin modules) along with manuals and support for 6 months

The Toilet Locator functionality was developed in partnership with Google, the dashboard is available at the below link:

http://sbmtoilet.org/backend/web/index.php?r=site%2Fl ogin

Completion Report along with

Press Release and Online

Coverage of the 'Ganga

Avahan' event

The event was held through GoI’s myGov portal. Details are available at:

https://swachhbharat.mygov.in/activities/ganga-avahan-13 https://www.youtube.com/watch?v=Vw-TeVhfVxY http://swachhbharaturban.gov.in/ihhl/ http://sbmtoilet.org/backend/web/index.php?r=site%2Flogin http://sbmtoilet.org/backend/web/index.php?r=site%2Flogin https://swachhbharat.mygov.in/activities/ganga-avahan-13

Brand Artefacts for

Individual SBM

All artefacts were prepared and handed over to GoI, now hosted at the below link:

https://drive.google.com/drive/folders/0B70J46ZRZJwMeldq

S19MX19PdWM

ICT enabled Survey Tool for

Ranking of SBM Cities

The Survey tool was used to conduct ranking of 75 cities and is no longer available for use. The report of ranking is available at the below link:

http://www.swachhsurvekshan2018.org/Images/SS_2016_rep ort.pdf

Swachh City Plan

All prepared Swachh City Plans are available at below link:

http://swachhbharaturban.gov.in/ToiletBlocks.aspx?id=4tnjtu pep81x2dku

Initial

Ranking report for 75 focus cities

The Swachh Survekshan 2016 report is available at the below link:

http://www.swachhsurvekshan2018.org/Images/SS_2016_rep ort.pdf

5 e-learning videos hosted on e-course portal

& Draft communications strategy

The e-learning portal is available at the below link:

https://swachhbharat.azurewebsites.net/?id=4tnjtupep81 x2dku

5 e-learning videos hosted on e-course portal

The e-learning portal is available at the below link:

https://swachhbharat.azurewebsites.net/?id=4tnjtupep81 x2dku

Functional Swachh

Bharat Urban Portal Functional

MIS and reporting

The portal was handed over to MoHUA (erstwhile

MoUD) in 2017 and is now maintained by MoHUA at the below link:

http://swachhbharaturban.gov.in/OfflineSummaryReport.aspx

?id=5yu1mmsxch0fkatb https://drive.google.com/drive/folders/0B70J46ZRZJwMeldqS19MX19PdWM http://www.swachhsurvekshan2018.org/Images/SS_2016_report.pdf http://www.swachhsurvekshan2018.org/Images/SS_2016_report.pdf http://swachhbharaturban.gov.in/ToiletBlocks.aspx?id=4tnjtupep81x2dku http://swachhbharaturban.gov.in/ToiletBlocks.aspx?id=4tnjtupep81x2dku http://www.swachhsurvekshan2018.org/Images/SS_2016_report.pdf http://www.swachhsurvekshan2018.org/Images/SS_2016_report.pdf https://swachhbharat.azurewebsites.net/?id=4tnjtupep81x2dku https://swachhbharat.azurewebsites.net/?id=4tnjtupep81x2dku https://swachhbharat.azurewebsites.net/?id=4tnjtupep81x2dku https://swachhbharat.azurewebsites.net/?id=4tnjtupep81x2dku http://swachhbharaturban.gov.in/OfflineSummaryReport.aspx?id=5yu1mmsxch0fkatb http://swachhbharaturban.gov.in/OfflineSummaryReport.aspx?id=5yu1mmsxch0fkatb

Dissemination report on

Implementation and

Technology best practices in sanitation along with implementation model for pan-India rollout

The report is available at the below link:

http://www.swachhsurvekshan2018.org/Images/SS_2016_rep ort.pdf

State and City Level MIS and

Dashboard

The MIS dashboard is available at http://swachhbharaturban.gov.in/OfflineSummaryReport.aspx

?id=vc8cfx83rp65ugac

Advisories related to technology are available at http://swachhbharaturban.gov.in/technical_Selection_design.a spx?id=vc8cfx83rp65ugac

Ranking methodology for Swachh

Survekshan 2019

Swachh Survekshan 2019 toolkit is available at the link below:

http://swachhbharaturban.gov.in/writereaddata/Survekshan%

20Survey%202019%20Toolkit%2013.09.2018.pdf?id=vc8cfx

83rp65ugac

KM Portal is at link below http://swachhbharaturban.gov.in/

WASH related Gender

Responsive Best Practices

Gender Guidelines available at https://drive.google.com/drive/folders/0B70J46ZRZJwMeldq

S19MX19PdWM

Annual Report

USAID Annual

Performance Report_Year 1 FInal (1).pdf

2. Can USAID confirm that there is agreement with the Government of India that the

PMU/TSU will be housed within government facilities with an appropriate level of resources to support implementation of activities?

OR

Can USAID provide a list of government owned properties that may be available for use of the SUWASI project?

http://www.swachhsurvekshan2018.org/Images/SS_2016_report.pdf http://www.swachhsurvekshan2018.org/Images/SS_2016_report.pdf http://swachhbharaturban.gov.in/OfflineSummaryReport.aspx?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/OfflineSummaryReport.aspx?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/technical_Selection_design.aspx?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/technical_Selection_design.aspx?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/writereaddata/Survekshan%20Survey%202019%20Toolkit%2013.09.2018.pdf?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/writereaddata/Survekshan%20Survey%202019%20Toolkit%2013.09.2018.pdf?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/writereaddata/Survekshan%20Survey%202019%20Toolkit%2013.09.2018.pdf?id=vc8cfx83rp65ugac http://swachhbharaturban.gov.in/

USAID Response: The GOI will house the PMU/TSU within government facilities. Resources are dependent on specific implementation activities.

3. If the effort mentioned above is considered as a new requirement or are there incumbent contracts? If there is an incumbent vendor, would you be able to provide the contract details

(such as: Vendor Name, Contract Number, Award Date, Value)?

USAID Response: This is a new requirement. Currently, USAID/India is working with SBM to provide technical assistance. Please refer Answer 1 for relevant performance reports.

4. What is the anticipated start date of the SUWASI activity for the budgeting purposes?

USAID Response: The anticipated start date of SUWASI activity is on or around August 2020.

5. Please indicate the contracting authority with whom the successful Contractor will sign the agreement.

USAID Response: This contract is being solicited by USAID/India.

6. Considering the vast scope of the assignment, we would request for an extension in the proposal submission due date. Please extend the proposal submission date till April 12, 2020, 2330 hours.

OR

We request USAID to extend the due date of submission by at least six weeks post issue of clarifications.

OR

We request USAID for atleast 15 days extension in proposal submission due date.

OR

Please consider extending the proposal submission due date by at least 2 weeks from 3rd April

2020. It is our understanding that all times mentioned in RFP document are Indian Standard

Time, kindly confirm

USAID Response: USAID, with this amendment, extends the due date for submission of proposals to April 15, 2020 at 1000 hrs (Indian Standard Time).

7. Considering the large scale of the assignment, we would like to understand if there is a qualification criterion for the entities to participate in the RFP process?

USAID Response: There is no pre-qualification criterion.

8. Section 15A – “Name and Address of Offeror”, of the Award form it requires to provide information on “Code” and “Facility”. Please advise what information is required for “Code” and “Facility”?

USAID Response: Code/Facility not applicable.

9. Reference: SOL Section D.1 AIDAR 752.7009 Marking: It is clear from the given scope and objectives of the solicitation that neither any construction activities nor any shipping/transport of commodities is anticipated. In that case, it is our understanding that this clause will not be applicable, please confirm the same.

USAID Response: This is a standard USAID’s Acquisition Regulation clause and is applicable as required.

10. Reference: SOL Section E.2 INSPECTION AND ACCEPTANCE: As we have data/ information of other clients in our offices, client’s office visit and audit of documents and system would result in breach of confidentiality. Therefore, we propose that the client may only visit our project office and audit the documents related to this project. Kindly confirm.

USAID Response: Section E.2 INSPECTION AND ACCEPTANCE clause refers to USAID’s acceptance and inspection of required deliverables during the award period.

11. Reference: SOL Section: F.4 Reports And Deliverables:

What are the payment milestones with timelines? Will the payments be made on the submission of every Quarterly Performance and Financial Report? Are any of the deliverables from the three support units linked with payments? Please elaborate.

OR

We request USAID to indicate deliverable schedule and payment milestones for common understanding of all the participating Contractors.

OR

Could USAID please confirm that the due dates for reports and deliverables refer to calendar days throughout this RFP, where appropriate?

USAID Response: This will be a cost-reimbursement contract and is not based on milestones. Please review FAR 52.216-7 “Allowable Cost and Payment”.

12. Reference: SOL Section: Section G – Contract Administration Data G.2

a. What will be the contracting currency for this assignment?

OR

Please indicate the currency in which the Contractor is expected to prepare its Cost and

Pricing proposal.

USAID Response: The contracting currency will be US Dollars. Please refer to the amended RFP.

b. Is the pricing inclusive/ exclusive of GST and other applicable taxes?

OR

Should the price bid be inclusive of Goods and Services Tax (GST)?

USAID Response: The cost proposal submitted by the offerors should be exclusive of GST.

13. Reference: SOL Section: Technical Directions/Relationship with USAID (d) Contractual Problems

We suggest such problems to be resolved by the prevailing laws of India.

USAID Response: The contractual relationship under this contract will be between the Contractor and the U.S. Government, therefore any contractual problem arising during the life of the contract will conform to US Federal Acquisition Regulation (FAR) and Agency for International Development

Acquisition Regulation (AIDAR).

14. Reference: SOL Section H.2 - ADS 302.3.5.19 USAID-Financed Third Party Web Sites

(Page 42) It is our understanding that any web sites/portals which are to be created under the scope of this RfP are to be ultimately handed over (to GoI servers) to GoI/MoHUA for continued usage and maintenance. In our experience, such portals are developed over a staging environment and are transitioned to GoI server environment prior to being made public. Thus- GoI Privacy Policies and other regulations would apply and take effect on the same. In such cases GoI might not agree to its privacy and other policies (which are sovereign in nature) being reviewed by USAID’s Bureau of Legislative and Public Affairs and other similar requirements specified in this clause. Kindly clarify if the same is acceptable.

USAID Response: ADS 302.3.5.19 applies.

15. Reference: SOL Section H.3-ADS 302.3.5.21 Submissions of Datasets to the Development

Data Library (Page 43) It is our understanding that datasets generated specifically under this contract are the ones on which this clause if applicable. In our experience, several datasets owned and generated by and using GoI resources and such datasets are governed by GoI policies. Kindly clarify.

USAID Response: Please refer to Section H.3 (a) 2 of the RFP.

16. Reference: SOL Section H.5 - Additional requirements for Personnel Compensation (Page 45):

(a) One annual increase salary increase not more than 5% percent may be granted after the employee’s completion of each twelve-month period of satisfactory services under the contract. We understand this shall be applicable for key personnel as well as the additional team. Please clarify.

USAID Response: The annual salary increase shall be applicable for key personnel and the additional team.

(b) We request you to share a template for financial proposal comprising of various cost heads. It would be most useful for all bidders to refer to a “common budget template” with required level of details to ease comparison across bids.

OR

While the referred clause in the RFP provides guidance for preparing cost proposal, we request to provide formats/templates for preparing consolidated budget, summary budget, detail prime offeror budget, and detail sub-contractor budget.

USAID Response: There is no template available for cost proposal. Please refer to Section L.7 Part 2 for detailed instructions on cost proposal.

(c) Section H.5(e), requires consultants to be treated as subcontractors unless they are employees of the contractor. 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 applicable 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 USG-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, which is supported in this RFP with guidance for consultant compensation under Section H.19, Additional Requirements for Personnel Compensation. Based on the above, we respectfully request the removal of language requiring the treatment of consultants as subcontractors so each Offeror may classify consultants according to its own NICRA and CAS.

USAID Response: Section H.5 is applicable as appropriate.

17. Reference: SOL Section H.7 AIDAR 752.7031 Leave and Holidays (Page 46-48): Several of the clauses under Section H.7 seem to be applicable to personnel who are either US citizens/residents or are working from within the US. Under this contract, almost all of the work is to be done and delivered in India, and it is our understanding that to that extent such clauses will not be applicable. Kindly confirm the same.

USAID Response: These clauses will be applicable if the Contractor hires personnel who are either US citizens/residents or are working from within the U.S..

18. Reference: SOL Section H.9 Defense Base Act Insurance and Services (Page 49): it is our understanding that this clause will not be applicable to the given contract. Kindly confirm the same.

USAID Response: Defense Base Act (DBA) insurance is worker's compensation coverage for employees injured while working on a U.S. Government contract performed outside the U.S. DBA is applicable to this contract when the hired employee is:

(1) A citizen of the United States,

(2) A resident of the United States, or

(3) Hired in the United States.

19. Reference: SOL Section H.15 DISCLOSURE OF INFORMATION (a) We understand that the pre-existing IPR of the Consultant will still be with the Consultant. Kindly clarify.

USAID Response: It is not clear what pre-existing IPR stands for and H.15 applies to this solicitation.

20. Reference: SOL Section H.15 DISCLOSURE OF INFORMATION (c) Kindly consider the clause below: “The confidentiality obligations shall survive the termination of this Contract / completion of services for a period of one (1) year.”

USAID Response: H.15 applies to this solicitation.

21. Reference: SOL Section H.16 Consent to subcontract (Page 51): in our experience, there might be several smaller subcontracts which may be required during the course of this contract (5 years) and are difficult to estimate and plan for at this stage. We request if the COs consent is required only for contracts above a certain threshold (suggested threshold USD 1.9 mn – 10% of the maximum estimated contract value) as the process of obtaining this consent for all subcontracts will unduly delay programming and will result in undue wastage of USAID resources.

USAID Response: As stated in H.16 Consent to Subcontract, ‘the Contractor must seek CO’s consent’ for all subcontracts in accordance with FAR clause 52.244-2.

22. Reference: SOL Section H.20 CONFLICT OF INTEREST (a): We request that this clause to be made applicable to only the team members who are being proposed as part of the project.

USAID Response: H.20 applies to this solicitation.

23. Reference: SOL Section H.22(b) (Page 55): Requires USAID approval for NXP purchases not identified in our final budget in accordance with CIB 92-25. It appears that this CIB has been archived and is no longer active per the URL included in the draft award. Would USAID consider removing subsection (b)?

Section H.22(note) on page 55, references to the requirements of ADS 548 which has been archived by USAID per this website here:

https://www.usaid.gov/sites/default/files/documents/1868/548.pdf As such, we respectfully request that this Note be removed in its entirety.

USAID Response: Section H.22 has been revised under this Amendment.

24. Reference: SOL SECTION I – Contract Clauses – FAR Limitation of Liability Services:

These clauses are not available on the website. Please share applicable clause on

Limitation of Liability for Contractor’s review and comments.

USAID Response: The links provided in the RFP are active. Please check:

FAR: http://acquisition.gov/far/index.html AIDAR: http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

For ease of reference full text of clause 52.246-25 below:

As prescribed in 46.805 , insert the following clause:

Limitation of Liability-Services (Feb 1997)

(a) Except as provided in paragraphs (b) and (c) of this clause, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that-

(1) Occurs after Government acceptance of services performed under this contract; and

(2) Results from any defects or deficiencies in the services performed or materials furnished.

(b) The limitation of liability under paragraph (a) of this clause shall not apply when a defect or deficiency in, or the Government’s acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor’s managerial personnel. The term “Contractor’s managerial personnel,” as used in this clause, means the Contractor’s directors, officers, and any of the Contractor’s managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor’s business;

http://acquisition.gov/far/index.html http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf https://www.acquisition.gov/content/part-46-quality-assurance#i1071776

(2) All or substantially all of the Contractor’s operations at any one plant, laboratory, or separate location at which the contract is being performed; or

(3)A separate and complete major industrial operation connected with the performance of this contract.

(c)If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor’s performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

(End of clause)

25. Reference: SOL SECTION I.1 - 52.252.2 Clauses Incorporated by Reference and I.3 - AIDAR 752.252.1 AIDAR Solicitation Provisions Incorporated by Reference:

1. In the given lists, several clauses are either US laws and policies or are derived from the same. As the given program/contract is to be delivered in India, it is suggested that this contract be governed by Indian Laws. This would, however, not mean that USAID policies would not be effective, unless in conflict with Indian Laws. In effect, it is requested that the governing laws and jurisdiction of this contract be India.

2. For example, 52.230-2 Cost Accounting Standards and 52.227-14 Rights in Data -

General as referred to here are materially different to the standards mandated in India which are to be followed by any Indian registered entities. Mandating US cost accounting standards and data laws would limit the qualified offerors to US based firms only, who, in our understanding will thereafter not be as effective as Indian offerors in delivering the given program.

USAID Response: U.S. Federal Acquisition regulations apply to this RFP and any resulting contract.

26. Reference: SOL Section I.5-AIDAR 752.7036 USAID Implementing Partner Notices

(IPN) Portal for Acquisition (JUL 2014)

We understand that the Offeror/Contractor refers to the prime contractor and only the prime contractor is expected to register with the IPN Portal. Please confirm the same.

USAID Response: IPN applies to all prime USAID active partners/contractors.

27. Reference: SOL Part III, Section J page 67 q1. Mentions that the local compensation plan is included in J.8, however the attachment is missing. Could USAID kindly provide

Offerors with this attachment?

OR

As per the above-cited solicitation is stated that under the J. Attachment section, there will be the local compensation plan (which seems to be missing from this RFP package)

OR

Can USAID please provide the most recent Local Compensation Plans for India?

USAID Response: Local Compensation Plan is attached with this Amendment.

28. Reference: SOL Attachment J1 - Attachments to Section J of RfP q1. We understand that the “Entity” referred to in the Past Performance Sheet is the Client/Grantor/Donor. Kindly confirm the same. Also, in instances wherein the offeror was a significant (>50%) subcontractor, does the term “Entity” there mean the prime contractor or the donor/granting agency/ client? Furthermore, if the offeror has experience in this space through consulting contracts of Indian government agencies, in such cases the term

“entity” would stand for the ultimate beneficiary government agency. Kindly confirm our understanding.

USAID Response: This understanding is correct.

29. Reference: SOL Section K Representations, Certifications and Other Statements of

Offerors pg 68-79 q1. In the given lists, several clauses are either US laws and policies or are derived from the same. As the given program/contract is to be delivered in India, it is suggested that this contract be governed by Indian Laws. This would, however, not mean that USAID policies would not be effective, unless in conflict with Indian Laws. In effect, it is requested that the governing laws and jurisdiction of this contract be India.

30. Reference: SOL Section K.4 FAR 52.204-8 Annual Representations and Certifications Pg.

70 q1. It is unclear which if the given annual representations would be required of the offeror (if successful). USAID is requested to kindly clarify which representations are applicable in case offeror is an Indian entity.

USAID Response: All offerors are required to comply with FAR 52.204-8 regardless of Nationality.

31. Reference: SOL Section K.5 FAR 52.209-5 Pg. 73 q1. Kindly clarify if this certification is to be provided with the proposal or at the time of contract execution. Please also clarify if this certification is to be given on offeror official letterhead or on stamp paper.

OR

Completion of the electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as well as any other "Representations, Certifications, and

Other Statements of Offerors" in Section K. Kindly elaborate on how to complete the electronic annual representations and certifications on the given website.

OR

Please advise whether these representations and certifications are required to be submitted with the proposal or at the time of contract execution. Please also clarify if these representations and certifications are to be given on offeror official letterhead or on Indian stamp paper.

OR

Representations and Instructions 68-79 of 99 Clauses K.1 to K.14 q1. Please advise whether these representations and certifications are required to be submitted with the proposal or at the time of contract execution. Please also clarify if these representations and certifications are to be given on offeror official letterhead or on Indian stamp paper.

USAID Response: This certification is required with the proposal. Please review K.4(2)(a) for SAM registration process. Stamp paper is not required.

32. Reference: SOL Section K.5, K.6, K.7, K.9 Various Pg. 73-76 q1. Several clauses in these certifications are applicable only in case the offeror is incorporated in the US or is liable to pay taxes in the US, and in some cases, are in conflict with Indian laws and rules.

33. Reference: SOL Section L.6.1 q1. What is the recommended line spacing?

USAID Response: Please use Single line spacing.

34. Reference: SOL Section L.7 Part 2 - Proposed Costs/Prices Page no 87 and 89

Q1. L.7 Part 2.A, Other Direct Costs, on page 89, makes reference to locating an office in

Pretoria. Would USAID kindly remove this reference?

USAID Response: The text has been revised to ‘USAID anticipates that the contractor will have a central office based in India’.

35. Reference: SOL Section M – Evaluation Factors For Award q1. For overall evaluation purposes, technical factors are considered significantly more important than cost/price factors. Please clarify the % weightage assigned to technical factors and cost/price factors.

OR

Kindly clarify the detailed maximum scores/ weightages for Technical and Financial

Evaluation of the proposal. This will help in identifying key personnel, preparing the approach and price bid.

OR

Technical evaluation criteria, in descending order of importance, comprise of - (a)

Management Approach including Key Personnel and Staffing, (b) Technical Approach and

(c) Contractor Performance Information. Please clarify the % weightage assigned to each of these criteria.

OR

Will there be a presentation of the technical proposal? How will that be evaluated? Please provide details around the overall scoring marking and scoring process. It will help us put together an appropriate response.

USAID Response: Please see Section “M.2 TECHNICAL EVALUATION CRITERIA:

The criteria listed below are presented by major category in descending order of importance, so that Offerors will know which areas require emphasis in the preparation of technical proposal information. Offerors should note that the following criteria serve as the standard against which all technical information will be evaluated and serve to identify the significant matters which Offerors should address.”

In addition, please note Section M.1 (d) on cost/price evaluation and Section M.5 explaining selection based on trade-off

36. Reference: SOL M.2 Technical Evaluation Criteria - (c) Contractor Performance

Information - Utilization of Small Business q1. As part of the evaluation of performance in

M.2 of this solicitation, USAID will evaluate the extent to which the offeror used and promoted the use of small business concerns under current and prior contracts. Please clarify the evaluation process for this sub-criterion.

USAID Response: Please review M.2 for past performance evaluation criterion. As stated in the RFP, small business utilization is one of the elements evaluated under past performance, as appropriate.

37. Reference: SOL Part I- The Schedule, Section B- Services and Price/Costs q1. We request the USAID to clarify the components of the allowable indirect costs under this contract. Also request an explanation on the process followed for establishment of cost rates for allowable indirect costs.

Q2. Please confirm if the indirect costs will be paid at actuals or will be paid as per agreed predetermined rates at time of signing of the contract.

USAID Response: Please refer to section L.7(2)A for information on indirect cost.

38. Reference: SOL Part I- The Schedule, Section B- Services and Price/Costs Clause B.6

Indirect Costs, page no 9 of 99 q1. The captioned clause refers to negotiated provisional or pre-determined rates and bases. However, these are not indicated in the document. We request to share this schedule with us.

FAR 52.216-7 specifies that “The Government will make payments to the Contractor, not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. Based on the above regulation we understand that the allowable direct and indirect costs will be paid at a frequency of once every 2 weeks upon submission of invoice in accordance with the provisions of the FAR 52.216-7. Please confirm if this understanding is correct.

USAID Response: Please refer to section L.7(2)A for information on indirect cost.

39. Reference: SOL Part I- The Schedule, Section B- Services and Price/Costs Clause B.7 COST

REIMBURSABLE, page 9 of 99 q1. The FAR 52.216-8 states- “The Government shall pay the Contractor for performing this contract the fixed fee specified in the Schedule.”

We request clarification on the referred schedule for payment of the fixed fee.

• The regulations refer to a schedule for payment of fixed fee. However, the same is not provided. We request you to share the schedule with participating Contractors for evaluation.

• As indicated in the FAR 52.216-7, for payment of direct and indirect costs, also what is the frequency for payment of Fixed Fee to the contractor? Is it similar to the one used for payment of indirect cost?

USAID Response: Schedule refers to Part 1 of the RFP consistent with the Uniform Contract Format

(UCF). Generally, payments are made monthly for cost incurred on successful performance.

40. Reference: SOL Part 3 - Representations, Certifications, and Other Statements of Offerors –

Pt.1 q1. Offerors and proposed subcontractors must ensure they are registered per FAR part

4. (https://beta.sam.gov).if an organization is already a registered entity under System for

Award Management (SAM). However, as part of the RFP process, only the lead offeror/ bidder be made compliant with the SAM process. Considering the time intensive process, proposed sub-contractors can comply with the requirements after the submission of proposal.

USAID Response: Please see answer number 31.

41. Can USAID clarify whether there is a VAT exemption in India?

USAID Response: The VAT is not applicable in India.

42. Reference: SOL Section L.7.4 Page 88 q1. USAID notes that “the offeror must not include burdened rates in its budget or subcontractor budgets. The Offeror must break down all direct and indirect costs to their component parts.” Will USAID confirm that this is applicable only to cost reimbursable subcontracts and not applicable to FFP or T&M subcontracts supported by burdened commercial daily rates and detailed cost justification tied to the multiple tasks and deliverables?

USAID Response: Yes, however please note RFP’s Section L.7.

43. Reference: SOL L.7, Part 2 – Proposed Costs/Prices, 1. Detailed Budget Preparation

Guidance (Page 88)

Can USAID clarify what should be included in the Summary Budget versus the Consolidated

Budget by Major Cost Category?

Please confirm that the Offeror should submit two consolidation budgets? One for major cost category and a separate Consolidation Budget Incorporating Subcontractor Costs?

Please confirm that subcontractor costs should be a single lump sum line item for the

Consolidation Budget by Major Cost Category?

Please also confirm that subcontractor line item costs should be broken out by major cost category and added to the offeror’s line items for the separate Consolidation Budget

Incorporating Subcontractor Costs?

USAID states “For example, for salaries, the Offeror must demonstrate the calculations and the rationale for the rates for the base daily labor rate utilized in calculating labor costs.”

Can USAID confirm that with the new 1420 biodata forms and the requirement that contractors provide “rationale for proposed salary with supporting rationale for the market value of the position”, that the Offeror does not need to provide individual calculations for staff salaries?

USAID Response: Please see amended language in Section L.7 Part 2. In addition, Offerors must adequately demonstrate proposed salary cost.

44. Reference: SOL Section K.10 and K.11 76-79 of 99 FAR 52.230-1 Cost Accounting

Standards Notices and Certifications FAR 52.230-7 Proposal Disclosure Cost Accounting

Practice Changes q1. The defined standards, laws and rules in the given clauses are not applicable in India, wherein its own cost accounting standards, laws and rules are applicable to all Indian registered entities. Therefore, it is requested that the governing law and jurisdiction of this contract, to the extent feasible.

USAID Response: U.S. Federal Acquisition regulations apply to this RFP and any resulting contract.

45. Reference: SOL Section L.6.2 84 of 99 Technical Proposal Contents q1. Are their sub-page-limits on various sections of the technical proposal? Or is it the discretion of the offeror how to use the overall page limit of 30 pages. Please also clarify if there is a page Limit on Annex

D Contractor Performance Information.

USAID Response: It is at the discretion of the Offeror how to use the overall page limit of 30 pages.

46. Reference: SOL Section L.7 Instructions for the Preparation of Cost Proposal Indirect Cost q1. In India, Indian registered entities do not have a Government Audit Agency. Please clarify whether the certifications from statutory/internal auditor would be acceptable.

USAID Response: All potential offerors are required to comply with RFP instructions including Section

L.7.

47. Reference: SOL Section L.7 Instructions for the Preparation of Cost Proposal a. Audited

Financial statements and b. Reviewed Financial Statements q1. In India, GAAS standards are not followed, rather Indian standards (IndAS) are followed by all auditors. Similarly, CPA accountant’s equivalent in India is a Chartered Accountant. It is requested that these requirements incorporate Indian rules and regulations equivalent to the specified US rules and regulations as well.

USAID Response: Please note section ‘A - Audited Financial Statements and B - Reviewed Financial

Statements’ on Page 91 of the RFP are applicable to U.S. Small Business Offerors only.

48. Reference: SOL Section L.7 Instructions for Preparation of cost proposals Page 92 Part 4

Policies and Procedures q1. While the organization in India is open and willing to share the required personnel policies, sharing the same over email might not be possible given confidential nature of the same and the size of files. It is requested that these policies may be reviewed by USAID at the time of Pre-Award Survey (as per Clause L.4 point (e) on page

81)?

USAID Response: All potential offerors are required to comply with RFP instructions including Section L.7

Part 4.

49. Reference: SOL Section L.7 Instructions for the Preparation of Cost Proposal and Section

M.6 and Attachment J.3 Part 6 Subcontracting Plan and Contracting with Small Businesses and Attachment J.3 Model Subcontracting Plan Outline q1. Several definitions used in this section are not applicable in the Indian context. It is therefore, requested that the definition of

‘small business’ in this context be limited to ‘Turnover <USD5 million, and employees less than 500” as given in Section K.4 (page 70 of 99) points (a) 2 and 3.

a. The subcontracting plan, in our view should give preference to Indian non-profits, Indian small businesses, Indian women owned and/or run/managed organizations etc.

as well.

b. The Model Subcontracting plan is also requested to be suitably modified to include the above-mentioned definitions.

c. It will be pertinent to note that most US based small businesses as per definitions given in these sections will not have the required wherewithal to deliver the given project/program in the Indian context. In such case, there is a risk of significant wastage of USAID resources. The suggested modifications will continue to meet the stated goals of USAID’s use of small businesses while not affecting the delivery of the project/program in any way or form.

d. Please also specify if this subcontracting plan is required to be submitted as part of the proposal, as a reading of the plan lends to the conclusion that this is to be included as part of an executed contract.

USAID Response: If the offeror is U.S. other-than-Small-Business, it is required to submit the subcontracting plan, as applicable.

50. Reference: SOL Section L.7 Instructions for the Preparation of Cost Proposal 94-95 Part 12

Disclosure of Lobbying Activities q1. While this section mentions form in Attachment J.7, the attachment J.7 of RfP is titled Gender Analysis. USAID is requested to please provide the correct form and reference.

USAID Response: The Attachment is #J.6 and the following link is provided for filling:

SF LLL – Disclosure of Lobbying Activities - https://www.usaid.gov/sites/default/files/sflllin.pdf

51. Suggestions to include of the following additional terms in the standard agreement to be signed with the successful contractor:

1. Anti-Bribery and Anti-Corruption:

Each Party represents, warrants and undertakes that:

(a) It has not and shall not offer, promise, give, encourage, solicit, receive or otherwise engage in acts of bribery or corruption in relation to this Agreement (including without limitation any facilitation payment), or to obtain or retain business or any advantage in business for any member of its group, and has and shall ensure to the fullest extent possible that its employees and agents and others under its direction or control and directly involved in providing Services under the Agreement do not do so. For the purposes of this clause it does not matter if the bribery or corruption is (i) direct or through a third party; (ii) of a public official or a private sector person;

(iii) financial or in some other form; or (iv) relates to past, present, or future performance or non-performance of a function or activity whether in an official capacity or not, and it does not matter whether or not the person being bribed is to perform the function or activity to which the bribe relates, or is the person who is to benefit from the bribe. For the purposes of this clause, a “person” is any individual, partnership, company or any other legal entity, public or private.

(b) Each Party shall, adhere to applicable antibribery and corruption laws.

(c)Each Party shall, immediately upon becoming aware of them, give the other Party all details of any non-compliance with sub-clauses (a) and (b).

(d) It is a condition of this Agreement that each Party fully complies with this Clause. If it does not do so, without prejudice to any other remedy available to a party, the non-breaching party shall have the right (but not the obligation) in its absolute discretion to terminate the whole of this Agreement, or that part of this Agreement to which the bribery or corruption relates. For the avoidance of doubt, any breach of this Clause shall be deemed to be incapable of remedy.

2. Economic and Trade Sanctions:

As of the date of this Agreement the Client warrants that, (a) neither Client nor any of its subsidiaries, or any director or corporate officer of any of the foregoing entities, is the subject of any economic or trade sanctions or restrictive measures issued by the United Nations, United

States or European Union (“Sanctions”), (b) the Client is not 50% or more owned or controlled, directly or indirectly, individually or collectively, by one or more persons or entities that is or are the subject of Sanctions, and (c) to the best of Client’s knowledge, no entity 50% or more owned or controlled by a direct or indirect parent of the Client, is the subject of Sanctions. For purposes of clause (c) in this section, “parent” is a person or entity owning or controlling, directly or indirectly, 50% or more of the Client. For so long as this Agreement is in effect, the

Client will promptly notify CRISIL if any of these circumstances change, upon occurrence of which, CRISIL shall have the right to terminate the Agreement immediately in whole or in part for reasons of the Client’s breach.

https://www.usaid.gov/sites/default/files/sflllin.pdf

3. Non-Exclusivity: The Client acknowledges that CRISIL or its associates may have other commercial transactions with the Client, other parties reviewed for the Client or referred in the agreement (if any) and the services provided under the agreement shall be on a non-exclusive basis.

4. Client Tasks The Client shall at its own cost do the following in such good time as not to delay or disrupt the performance of the Project: (a) provide all necessary information and material relating to the Project; (b) arrange for all necessary meetings with relevant persons or authorities;

(c) render such reasonable assistance (including, where applicable, procurement (or assistance in the procurement of) of any work permits, visas, licenses, consents, etc.; (d) arrange for all necessary material (including, hardware, infrastructure, software licences, etc.).

5. Project Delay, Suspension or Cancellation: If for any reason (other than Consultant’s material breach of the Agreement), the Project is suspended, deferred and/or cancelled, then:

5.1 all amounts paid to the Consultant until the effective date of suspension, deferred and/or cancellation shall be considered ‘drop dead fee’ and such fee shall not be refundable; and

5.2 Client shall in addition, pay Consultant all amounts otherwise payable under the Proposal for work done up to the date of suspension, deferment or cancellation.

Client acknowledges this does not grant the Client a right to suspend, defer or cancel the Project but is stated as Consultant’s rights and are liquidated damages.

6.Term and Termination

6.1 A party may forthwith terminate the relevant Engagement Letter(s) by a written notice to the other party if the other party:

(a) has materially breached its obligations under the Engagement Letter(s) and has not remedied the breach within a month of receiving the party’s written notification of the breach.

(b) makes an assignment for the benefit of its creditors, files or has filed against it a petition under any bankruptcy, insolvency, reorganization or similar law, appoints or has appointed against it a trustee or receiver for any of its property or commences or has commenced against it

(by resolution or otherwise) the liquidation or winding-up of its affairs, which termination shall be effective immediately upon giving notice.

6.2 Consultant will be entitled to terminate the Agreement by giving 15 days’ notice to the Client in case (i) Client fails to pay the amount due against a correct invoice, 30 days after the same becomes due and payable; (ii) if the provision of Services or Deliverables are delayed for the reasons attributable to Client, including but not limited to, Client’s failure to perform its obligations under clause 4 for a period beyond 2 months from the date of this Agreement and

Client’s failure to remedy this failure within 30 days or within such further period as Consultant may have subsequently approved in writing. Notwithstanding anything to the contrary stated in this Agreement, Consultant shall not be obliged to perform its services or submit any further

Deliverables where Client is in breach of its payment obligations under this

Agreement.

7. The total aggregate liability of Contractor, whether in contract, tort (including negligence) or otherwise, under or in connection with this agreement, shall in no circumstances exceed a sum equal to the fees paid or payable by the Client under this agreement. In no event will Consultant be liable for any consequential, incidental, indirect, punitive or special losses or damages including loss of profits, data, anticipated savings, business or goodwill), regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise.

8. Deliverables:-Client may notify the Consultant in writing within 10 calendar days of

Consultant providing the Deliverables to the Client any substantial nonconformity of the

Deliverables vis-à-vis the Requirements. Upon receiving Client’s notification, the

Consultant shall rectify the non-conformity verified by it and resubmit the Deliverables to the

Client within 15 calendar days. The Deliverables shall be considered “accepted” upon such re-delivery or the expiry of 10 calendar days as stated above, whichever is earlier.

9. Governing Law and Jurisdiction – India

10. Limitation of Liability: In connection with the services and Services Contract, KPMG’s aggregate liability to client, in contract or tort or under statute or otherwise, for any loss or damage suffered by Client, shall be limited to the fee paid to KPMG for the Services in last twelve (12) months preceding the claim. KPMG and its Representatives shall not be liable to

Client in contract or tort or under statute or otherwise for any indirect or consequential losses.

11. Restriction on circulation of our report and third-party claims: Any product of services shall be for the internal use of the Client and shall not be disclosed to any third party without prior written consent of [KPMG]. Client shall reimburse and hold harmless [KPMG] for any liability or damages suffered by [KPMG] as a result of unauthorized disclosure/use of the product of the services. Client shall not quote [KPMG] name or reproduce [KPMG's] logo in any form or medium without [KPMG's] prior written consent.

12. Ownership: KPMG shall retain ownership of its pre-existing IPR and working papers.

Technical questions and Answers

52. Can USAID confirm that an Executive Summary is outside the 30-page limit of the technical approach?

USAID Response: If the Offeror decides to include an Executive summary, it will be submitted as part of the technical approach which is required to be within 30-page limit.

53. The Government of India’s Swachh Bharat Mission-U 2.0 places great emphasis on improving door-to-door collection and source segregation of solid waste, yet Section C

Statement of Work hardly mentions solid waste management (SWM). Please clarify to what extent the SUWASI Contractor shall support the achievement of SWM outcomes as part of its support to SBM-U 2.0?

USAID Response: Please refer to the RFP for the requirement. The Offeror is expected to submit a technical proposal consistent with the RFP.

54. Reference: SOL C.5 Key Personnel

In addition to the Project Director (One) and Team Leads (Two), other full or part-time staff would be required for the provision of short-term technical assistance roster.

In order to execute the budgeting exercise, please elaborate on the minimum teaming requirement (for central, state and city level support teams) so that all the prospective offerors/bidders bid in a consistent manner.

Although short term technical assistance are to be deployed based on requirement, kindly clarify whether any broad deployment schedule has been outlined as a part of the program.

Also kindly specify whether there is any maximum or minimum number of full/part time staff that can be proposed under the engagement.

Please clarify the minimum numbers of staff for each task specified. It is our experience that the staff deployed with GoI/States for the WASH missions support the GoI counterparts in tasks significantly larger that what is required to meet the deliverables for USAID. It is, therefore, our concern that other parties, who might not understand the required staffing/resourcing levels, may end up underestimating the same. If USAID feels against specifying a minimum level of staffing, it is our suggestions that an appropriate staffing level be made as an evaluation criterion, so that the offerors’ understanding of the real requirements of this RFP can be gauged and factored into the evaluation.

USAID Response: RFP has been amended accordingly to propose the best approach to successfully achieve program objectives. Generally, it is for the offeror to determine size and composition of teams required to meet the requirements of the RFP. Please review Section F.7 that reflects the amended development program experience requirement for Project Director from at least 15 years to at least 10 years and for both the Team Leads from at least 10 years to at least 7 years respectively.

55. Reference: SOL Section C.4 (Page 12), Task C.4.1.2-1 (Page 20) q1. Other than the 3 support units at the central level, will separate support units be required to be developed for the state chapters? If yes, how many states are expected to be selected? As per Geographies and Beneficiaries (Attachment J.5 - Initial Environmental Examination), UP, Rajasthan, MP, Chhatisgarh, Karnataka and Assam have been identified as the states to receive direct support under this assignment.