Proposal_Instructions_(Sec_L).pdf

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUL 2013)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION

(FEB 1999)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (JUL 2013)

L.2 FAR 52.215-1 INSTRUCTIONS TO OFFEROR – COMPETITIVE ACQUISITION (JAN

2017)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the Offeror being allowed to revise its proposal

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period must include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offeror shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the Offeror. Offeror using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offeror is responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award.

Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an Offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the Offeror may propose to provide any item or combination of items.

(5) Offeror shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offeror may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offeror may submit revised proposals only if requested or allowed by the Contracting

Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the Offeror).

(e) Restriction on disclosure and use of data. Offeror that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal.

If, however, a contract is awarded to this Offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets];

and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract Award

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible Offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and sub factors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with Offeror (except clarifications as described in FAR 15.306(a)).

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the Offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with Offeror after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful Offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting Offeror, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed Offeror and past performance information on the debriefed Offeror.

(iii) The overall ranking of all Offeror, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

L.3 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Cost-Plus-Fixed-Fee (CPFF) completion type contract resulting from this solicitation.

L.4 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Contracting Officer, USAID/Indonesia, e-mail: proposals-indo@usaid.gov (hardcopy submission is not required). A copy of any protest shall also be provided to:

William Buckhold

GC/LE, RM#6.06-071 RRB

1300 Pennsylvania Ave, NW Washington DC 20523 Email: wbuckhold@usaid.gov Ph: 202-216-3058 Fax Number: 202-216-3058

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.5 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks mailto:proposals-indo@usaid.gov that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://acquisition.gov/far/index.html

L.6 AIDAR 752.252-1 AIDAR SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (MAR 2015)

This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of all AIDAR solicitation provisions is contained in the Code of Federal Regulations (CFR) located at 48 CFR chapter 7.

L.7 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

(a) Offerors must submit all proposals electronically for this solicitation. Hand delivered proposals (including commercial courier) and facsimile transmission will not be accepted.

(b) Offerors must limit the size of its attachments to 25MB per e-mail.

(c) The information below must be clearly marked on the cover page of the proposals:

USAID Indonesia Terrestrial Activity

RFP/SOL No. [TBD]

(d) Offerors must submit proposals in two volumes: Volume I, Technical Proposal, including Past Performance, and Volume II, Cost/Business Proposal. No cost information must be presented in the Technical Proposal. For submission of Past Performance Information is provided below.

(1) For Technical Proposal, acceptable file formats are Microsoft Word (.DOC) and

Adobe Acrobat (.PDF). For Cost/Business Proposal, acceptable file formats are Microsoft Excel (.XLS) and Adobe Acrobat (.PDF). The Cost Proposal in .PDF must be accompanied with unprotected .XLS format and must present the formulas used to calculate data (the same requirement to include subcontractor’s spreadsheets).

(2) Each e-mail must contain subject line, which clearly indicates the name of the Offeror and the solicitation number as follows:

[Offeror Name] - RFP/SOL No. [TBD] - [Technical/Cost Proposal] – [1 of xx].

http://acquisition.gov/far/index.html

(3) The address for submission of Technical and Cost Proposals is proposals-indo@usaid.gov.

(e) Additionally, Offerors must submit Past Performance Information (as discussed under

Section L.8.4) at least one week prior to the date indicated in the cover letter of this solicitation. This advanced submission will allow time to retrieve Contractor Performance Assessment Reports (CPARs) from the CPARS system, verify the point-of-contacts (references) and organize Past Performance Questionnaires for those actions that are not found in PPIRS. No outside parties will be contacted prior to the receipt of proposals.

(1) Offerors must use the Contractor Past Performance Information template as per

Attachment __ as Annex C of the Technical Proposal.

(2) For Past Performance Information, acceptable file formats are Microsoft Word (.DOC) and Adobe Acrobat (.PDF).

(3) Each e-mail must contain subject line, which clearly indicates the name of the Offeror and the solicitation number as follows:

[Offeror Name] - RFP/SOL No. [TBD] - Past Performance Information – [1 of xx].

(4) The address for submission of Past Performance Information is proposals-indo@usaid.gov.

(f) Offerors will receive a confirmation of proposal submission via e-mail.

(g) All electronic submissions in response to this solicitation shall be due no later than the date indicated in the cover letter of this solicitation. Offerors are responsible for ensuring timely delivery of proposals. Proposals that are submitted after that date and time will not be considered in the review process.

(h) Offerors must indicate the duration of the validity of their offer in Box 12 of the submitted

SF-33 Form. The Government recommends to include at least nine months of validity from the submission date to allow sufficient time to evaluate proposals and complete negotiations.

(i) Proposals should be specific, complete, and concise. Offerors are encouraged to examine this solicitation in its entirety and to assure that its proposal contains all the necessary information, provides all required documentation and is complete in all respects since evaluation of the proposal will be based on the actual material presented and not on the basis of what is implied.

(j) Questions in response to this solicitation must be submitted in writing to proposals-indo@usaid.gov by the date set forth in the cover letter of this solicitation. It is the Contracting Officer’s discretion to provide response to questions received after the deadline.

L.8 TECHNICAL PROPOSAL INSTRUCTIONS

(a) The Technical Proposal is limited to 30 pages. This limitation does not include annexes.

A page is defined as one side of a sheet, 8-1/2" x 11", with at least one inch margins on all sides, using not smaller than 12-point type. Foldouts count as an equivalent number of 8-1/2" x 11"pages. The metric standard format most closely approximating the described standard 8-1/2" x 11" size may also be used. In addition, 8-point type is acceptable for graphics and tables provided that it is legible. Number each page consecutively. A page in the Technical Proposal that contains a table, chart, graph, etc.

is subject to the 30-page limitation. Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government. If revised proposals are requested, separate page limitations may be specified in the Government's request for that submission.

(b) The Technical Proposal must follow the order of components as listed and described below:

(1) Cover Letter

(2) Table of Contents

(3) Acronym List

(4) Executive Summary

(5) Technical Approach

(i) Technical Approach

(ii) Performance Work Statement

(6) Management Approach

(i) Management and Staffing Plan

(7) Past Performance

(i) Past Performance Summary Chart

(ii) Performance in Using Small Business Concerns

(8) Annexes (not included in the page limitation)

Annex A: Organizational Chart Annex B: Table of Management Positions with Qualifications Annex C: Contractor and Major Subcontractor Past Performance Information Annex D: Small Business Subcontracting Plan Annex E: Branding and Marking Plan

L.8.1 Cover Letter

The Cover Letter must include: (1) the name of the offeror, (2) name of any consortium members/major subcontractors/partnerships, (3) name, title and signature of the Offeror’s authorized representative, (4) date of submission, (5) validity of proposals, and (6) the Offeror’s

DUNS.

L.8.2 Executive Summary

The Executive Summary must summarize the Offeror’s overarching methodology and key elements of the Technical Proposal.

L.8.2 Technical Approach (see section M.2.1)

Offerors must propose a Technical Approach of how they will achieve the Activity’s Goal and Objectives described in Section J.5 and fully integrate the Guiding Principles described in Section J.6. Specifically, Offerors must provide the following:

(a) A Technical Approach describing the proposed strategic approach to achieve the Goal and Objectives of the Activity. Specifically, it must fully integrate the Guiding Principles of the Activity. It must also support the proposed PWS by explaining how specific interventions or set of interventions achieve the anticipated outcomes.

The Technical Approach must include a summary of a Sustainability Plan and Exit Strategy (see Section J.6 - Guiding Principles, 8. Sustainability and Local Capacity Building). Specifically, it must describe how indicators and targets will be used to track progress on capacity and commitment for targeted audiences.

The Technical Approach must propose final targets for the following indicators:

● EG.10.2-2 Number of hectares of biologically significant areas under improved natural resource management as a result of USG assistance;

● EG.13-6 Greenhouse gas (GHG) emissions, estimated in metric tons of CO2 equivalent, reduced, sequestered, or avoided through sustainable landscapes activities supported by USG assistance; and,

● EG.13-4 Amount of investment mobilized (in USD) for sustainable landscapes as supported by USG assistance.

Further, it must also describe how the proposed final targets for these indicators contribute to goals and objectives of the GOI, for example within the 2020-2024 National Mid-term Development Plan, the Sustainable Development Goals, and sectoral goals/objectives as relevant.

(b) A Performance Work Statement (PWS) listing and describing specific interventions and anticipated outcomes linked to the Goal and Objectives of the Activity. Specifically, the PWS must identify performance standards for all the factors contributing to achieving the anticipated outcomes, provided in Section J.5.2.1.b and J.5.2.2.b. These performance standards must be measurable and structured to permit an assessment of the Contractor’s performance.

L.8.3 Management Approach (see section M.2.1)

Offerors must propose a Management Approach of how they will implement the proposed Technical Approach. Specifically, Offerors must provide the following:

(a) A Management and Staffing Plan proposing a core management and staffing structure for the Activity. The core management team should possess the technical competence and strategic management skills to manage the project, and supplement that team as needed with technical specialists. The staffing structure should describe how the proposed combination of management, long-term staff, and short term technical assistance will collectively possess the requisite technical and management expertise and skills meets the capabilities to lead the activities and deliver the anticipated outcomes. Additionally, Offerors may propose requisite consortia, partnerships, subcontracting arrangements and other relationships necessary to implement the Technical Approach.

(b) An Organizational Chart displaying the Activity’s organizational structure and office(s) with lines of authority, general descriptions of staff roles and responsibilities for all home office and field employees. It will be used as a reference for the Management and Staffing Plan. It will be Annex A to the Technical Proposal and is not included in the page limitation.

(c) A Table of Management Positions with Qualifications displaying minimum (required) and preferred qualifications for the core management positions proposed in the Management and Staffing Plan. This table may include strategic and technical positions that are critical to implementing the proposed Technical Approach. It will be Annex B to the Technical Proposal and is not included in the page limitation. This Annex will not be part of the evaluation of the Technical Proposal.

Offerors must not submit candidates (actual or illustrative) for the proposed core management positions in the Technical Proposal. After submission of proposals, the Government will assess proposed core management positions to determine up to four (4) key personnel positions.

Subject to approval by the Government, the qualifications for the selected key personnel positions will be included in Section F.4 the Contract.

After award of the Contract, the Contractor will propose qualified candidates for key personnel positions, subject to the review and approval of the Contracting Officer in accordance with Section F.4. The Contractor will provide Statement of Qualifications (SOQ) for all proposed key personnel which how the candidate meets or exceeds the qualifications of the proposed position. SOQs include items normally associated with CVs or resumes, including but not limited to information such as work experience, references, language capability, and progressive levels of responsibilities.

L.8.4 Past Performance (see Section M.3.4.)

(a) Offerors must provide a Past Performance Summary Chart, based the Past Performance

Information (Annex C), which briefly describes the past performance in projects of similar scope, size, complexity and geographic location. Offerors should alert the contacts that their names have been submitted and that they are authorized to provide performance information concerning the listed contracts if and when requested by the Government.

(b) Offerors must provide Past Performance Information for itself, the contractor teaming arrangement, if any, and each major subcontractor (one whose proposed cost exceeds 20% of the Offeror's total proposed cost, and any other subcontractor who the offeror deems as critical to the execution of the Technical Approach) in accordance with the following:

(1) List up to five (5) past performance information (using the template in Section J.4 of the solicitation) from the most recent and relevant completed and currently active contracts or assistance awards for prime and major subcontractors, for efforts similar to the work in the Technical Proposal. The most relevant indicators of performance are contracts of similar contract types, type of work, scope of work, complexity/diversity of tasks, skills and expertise required and the currency of the performance. Recent past performance is defined as within the past five (5) years.

(2) For those activities in which a CPARS report is not available, Offerors must provide a list of contact names, Agency/Organization, job title, phone numbers, email addresses, who will be “a referee” to provide past performance evaluation in the Past Performance Reference Form provided in Section J.5 of the solicitation. Offerors must: i) complete the blanks on the Form requiring Offeror’s information; and ii) forward the Form for itself and any major subcontractors to the identified contact person of the referenced organization (the referee). The referee must submit the completed Form directly to USAID/Indonesia per instructions on the Form.

(3) If extraordinary problems impacted any of the referenced contracts, provide a short explanation and the corrective action taken (FAR 15.305(a)(2)(ii)).

(4) It will be Annex C to the Technical Proposal and is not included in the page limitation.

Note: Submission of the Offeror’s Past Performance Information, including Past Performance Reference Forms, must be in accordance with Section L.7(e).

(c) Offerors who are not small business concerns must provide Performance in Using Small

Business (SB) Concerns (as defined in FAR 19.001) in accordance with the following:

(1) Provide a narrative summary of your Offeror's use of small business concerns over the past three (3) years. Specifically, the Offeror should describe how it utilizes small businesses (as subcontractors, as joint venture partners, through other teaming arrangements, etc.); explains the nature of the work small businesses performed (e.g., substantive technical professional services, administrative support, logistics support, etc.); and describes the extent of Offeror’s compliance with their SB subcontracting plans or other similar SB incentive programs set out in contract(s) and explain any mitigating circumstances if goals were not achieved.

(2) To supplement the narrative summary, provide a list of the recent five (5) contracts for which you submitted subcontract reports to eSRS (FAR 52.219-9(d)(10) and a copy of any similarly recent subcontract reports if they were not submitted to eSRS.

(3) Provide the names and addresses of three SB concerns that the Government may contact for their assessment of Offeror’s performance in using SB concerns. Provide a brief summary of the type of work each SB concern provided to your organization, and the name of a contact person, title, phone number, and email address for each.

There is no specific form for the SB concerns.

L.9 COST PROPOSAL INSTRUCTIONS

(a) There is no page limitation for the Cost Proposal. The Cost Proposal must be submitted as a separate electronic file from the Technical Proposal. Offerors must provide the necessary detail and supporting information to address the solicitation requirement and to allow a complete analysis of each line item cost. Provide workable (Excel) detailed budget (breakdown) with narratives explaining the basis for the estimate for each category of cost in sufficient detail to facilitate determination of cost reasonableness.

Certified cost or pricing data is not required for this proposal.

(b) In preparing the Cost Proposal, Offerors must note that any major subcontractors must include the same cost element breakdowns in their budgets as applicable. A “major subcontractor” is considered one whose proposed cost exceeds 20% of the Offeror’s total proposed cost and any other subcontractor who the offeror deems as critical to the execution of the Technical Approach.

(c) Offerors must apply a uniform currency exchange rate of 1 U.S. Dollar equivalent to Indonesian Rupiah (Rp) 14,000 for all budget assumptions.

(d) The Cost Proposal must follow the order of components as listed and described below:

(1) Standard Form (SF) 33

(2) Proposed Costs

(3) Representations, Certifications, and Other Statements of Offerors

(4) Policies and Procedures

(5) Subcontractors Information

(6) Evidence of Responsibility

L.9.1 Part 1 - Standard Form (SF) 33

Offerors must submit Section A of this solicitation (Standard Form (SF) 33, "Solicitation, Offer, and Award"), with Blocks 12 through 18 completed, with the original signature of a person authorized on behalf of the Offeror to sign the offer.

L.9.2 Part 2 - Proposed Costs

(a) A summary budget for the prime and all subcontractors must be presented using the below format.

Description Year 1($)

Year 2($)

Year 3($)

Year 4($)

Year 5($)

Total

Salaries and Wages

Fringe Benefits

Allowances

Consultants

Travel, Transportation, and Per Diem

Equipment and Supplies

Subcontracts

Other Direct Costs

Indirect Costs

Total Estimated Cost

Fixed Fee

Total Estimated Cost Plus Fixed

Fee

(b) Detailed budget breakdowns for each year of the contract using the above format and including a detailed description that identifies each cost element and addresses why these costs are considered realistic. The same cost element breakdowns should be used for individual subcontract budgets as applicable.

(c) Budget narrative and supporting information. This should include the estimated cost elements at a detailed level, plus a description to the basis of estimated costs. The supporting cost information should be provided in sufficient detail to allow complete cost realism, allowability, and reasonableness analyses of the proposal. A description of what types of costs are included in each summary budget element should be included. For instance, "allowances" may include post differential, cost of living, housing, education or other allowances budgeted for long-term advisors and their dependents. The rationale for the proposed fee should be described. Subcontracts, in particular those that include advisors, must be broken out in similar cost detail. The budget narrative should thoroughly explain the estimating methodology used to calculate the budget and any assumptions that may be made by the offeror over and above the ones stated in this RFP that had a material effect on the resulting proposed cost. Offerors must clearly explain the basis of costs, meaning why and how offerors are costing out certain figures for item or service, to establish reasonableness of costs. Provide a clear and thorough explanation for each budgeted line item, reflecting either number or quantity.

The following is the minimum information required in the budget narrative:

(1) Salaries and Wages. Labor salary and wages should be proposed in accordance with the Offeror’s personnel policies and must meet the regulatory requirements. The proposal should include information concerning the workday and work-week policies and the method of accounting for paid absences for the Offeror and major sub- Offerors in effect at the time of award shall remain enforce throughout the period of the award. Unit costs for each proposed position, key or not, should be expressed in an amount per work day with the corresponding level of effort required for the position (number of work days) and then calculated to a total cost for each cost period where the salary would be applicable. Position descriptions briefly explaining what role each proposed person will perform on the project must be included.

No unburdened base daily rate may exceed the current USAID Contractor Salary Threshold (CST), as described in ADS 302.3.6.10. The total number of days in a year, which should be no more than 260 days. Additionally, per AIDAR 722.170(b), compensation paid to Third Country Nationals (TCN) and Cooperating Country Nationals (CCN) may not exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission, without prior approval of the Mission Director or the Assistant Administrator having program responsibility of the project. Offerors should submit a request for a waiver with the cost proposal for any proposed TCN LTTA employees, if applicable.

(2) Fringe Benefits. FAR 31.205-6 provides for allowances and services provided by the Contractor to its employees as compensation in addition to regular wages and salaries. If fringe benefits are provided for as part of a firm’s indirect cost rate structure, see FAR 42.700. If not part of an indirect cost rate, a detailed cost breakdown by benefits types must be provided for both international and CCN staff.

Note: For your guidance, the benefits and allowances authorized by the U.S.

Embassy for its CCN employees are: Lebaran bonus (13th month salary), Indonesian Healthcare and Social Security. Transportation allowance is not authorized.

(3) Allowances. AIDAR 752.7028 provides for differentials and allowances with further references to Standardized Regulations. For example, allowances must be broken down by specific type and by person, and must be in accordance with Contractor’s policies and these regulations.

(4) Consultants. FAR 31.205-33 provides for services rendered by persons who are members of a particular profession or possess a special skill and who are not officers or employees of the Contractor. For example, costs of consultants must be broken down by person years, months, days or hours.

(5) Travel, Transportation, and Per Diem. FAR 31.205-46, AIDAR 731.205-46 and AIDAR 752-7032 provide for costs for transportation, lodging, meals and incidental expenses. For example, costs must be broken down by the number of trips, domestic and international, cost per trip, per diem and other related travel costs.

(6) Equipment and Supplies. FAR 2.101 provides for supplies as all property except land or interest in land, FAR 31.205-26 provides for material costs, and FAR 45 prescribes policies and procedures for providing government property to Contractor, Contractor’ use and management of Government property, and reporting, redistributing, and disposing of Contractor inventory. For example, costs must be broken down by types and units, and include an analysis that it is more advantageous to purchase than lease. Due to current circumstances related to purchasing motor vehicles, Contractor is requested to consider leasing/rental rather than purchase.

(7) Other Direct Costs. FAR 31.202 and FAR 31.205 provide for the allowability of direct costs and many cost elements. For example, costs must be broken down by types and units. If offeror proposes Participant Training (as define at AIDAR

752.7019 and ADS 253), the proposed participant training costs must be broken down by types of training and participants.

(8) Subcontracts/Contractual. FAR 44.101 provides for any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Cost element breakdowns must include the same budget items as the prime as applicable.

(9) Indirect Cost. The prime and all major subcontractors may propose lower overhead rates than their established (NICRA) and sign the letter found in ADS 300, Mandatory Reference for Best Practices Guide for Indirect Costing. Indirect rates proposed cannot be higher than the rates established in their Negotiated Indirect Cost Rate Agreement (NICRA). Offerors may propose a single ceiling rate covering the term of award or a ceiling rate in each applicable contract year. If an annual ceiling rate is proposed, USAID will average the ceiling indirect rates and use that figure for evaluation purpose.

(i) The Offeror and each major subcontractor(s) must include a complete copy of its most current Negotiated Indirect Cost Rate Agreement (NICRA) or other documentation from its Cognizant Government Audit Agency, if any, stating the most recent final indirect cost rates. The proposal must also include the name and address of the Government Audit Agency, and the name and telephone number of the auditor.

(ii) If the Offeror or any major subcontractor(s) does not have a Cognizant

Government Audit Agency, the proposal must include: audited balance sheets and profit and loss statements for the last two complete years, and the current year-to-date statements (or such lesser period of time if the Offeror is a newly-formed organization), must be included in the proposal. The profit and loss statements must include detail of the total cost of goods and services sold, including a listing of the various indirect administrative costs, and are supplemented by information on the prime Contractor's customary indirect cost allocation method, together with supporting computations of the basis for the indirect cost rate(s) proposed; and detailed indirect cost rate calculations for the most recent two fiscal years that include the major cost elements in both the pool of expenses and base cost compositions along with derived rates. The bases of allocation of these rate calculations must be supported by the independent certified audit by a certified accounting firm.

(iii) Exemptions for Small Business Offerors Only: If the small business offeror does not have a NICRA, the proposal must include either Audited Financial Statements or Reviewed Financial Statements as defined below:

a. Audited Financial Statements provide the auditor’s opinion that the financial statements are presented fairly, in all material respects, in conformity with the applicable financial reporting framework. In an audit, the auditor is required by auditing standards generally accepted in the United States of America (GAAS) to obtain an understanding of the entity’s internal control and assess fraud risk. The auditor also corroborates the amounts and disclosures included in the financial statements by obtaining audit evidence through inquiry, physical inspection, observation, third-party confirmations, examination, analytical procedures and other procedures. The auditor issues a report that states that the audit was conducted in accordance with GAAS, the financial statements are the responsibility of management, provides an opinion that the financial statements present fairly in all material respects the financial position of the company and the results of operations are in conformity with the applicable financial reporting framework (or issues a qualified opinion if the financial statements are not in conformity with the applicable financial reporting framework. The auditor may also issue a disclaimer of opinion or an adverse opinion if appropriate).

b. Reviewed Financial Statements provide a certified CPA accountant’s

(referred to as “Accountant” or “CPA” herein) review; the accountant is not aware of any material modifications that should be made to the financial statements for the statements to be in conformity with the applicable federal financial reporting framework. During a review engagement, the Accountant obtains limited assurance that there are no material modifications that should be made to the financial statements.

Therefore, the objective of a review of the financial statements is to obtain limited assurance that there are no material modifications that should be made to the financial statements. A review does not include obtaining an understanding of the entity’s internal control; assessing fraud risk; testing accounting records; or other procedures ordinarily performed in an audit.

The CPA issues a report stating the review was performed in accordance with Statements on Standards for Accounting and Review Services; that management is responsible for the preparation and fair presentation of the financial statements in accordance with the applicable financial reporting framework and for designing, implementing and maintaining internal control relevant to the preparation.

The proposal must not include compiled financial statements. Compiled financial statements will not be accepted because the Accountant does not obtain or provide any assurance that there are no material modifications that should be made to the financial statements. That is, there is no assurance that the organization is misrepresenting costs on compiled financial statements which puts the agency at risk. The objective of compiled financial statements is to assist management in presenting financial information in the form of financial statements without undertaking to provide any assurance that there are no material modifications that should be made to the financial statements.

If the small business offeror receives an award based on the submission of Reviewed Financial Statements, within six months after the end of the small business offeror’s fiscal year, they must submit an adequate final incurred cost proposal to the to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years in accordance with the Allowable Cost and Payment Clause FAR 52.216-7. The receipt of an adequate proposal by the audit office starts the audit process. This audit will establish the final indirect cost rate(s) for the audited year. Provisional rates will be updated as needed based on current information. USAID auditors will work with the small business to issue a NICRA establishing the proposed provisional indirect cost rates after award based upon acceptable information submitted above.

(10) Fixed Fee. In accordance with FAR 15.404, fee should be demonstrated based upon the applicable factors of: technical, management, support for Federal socioeconomic programs, contractor cost risk, contractor effort, and cost control and other past accomplishments, independent development, and capital investments.

Any additional factors may be discussed as a basis for fee.

(11) Cancellation Ceiling. Offerors must propose a separate cancellation ceiling amount for each program year subject to cancellation. Offerors must use the format provided below. In order to determine the reasonableness of the proposed cancellation ceiling, Offerors must provide documentation supporting the proposed ceiling amount.

Contract Year Cancellation Ceiling

2 $TBD

3 $TBD

4 $TBD

5 $TBD

L.9.3 Part 3 – Representations, Certifications, and Other Statements of Contractor

(a) Offerors must complete and sign all the Representations, Certification and Other

Statement as described in Section K. Online submission of Annual Representations, Certifications and Other Statement via www.sam.gov would be sufficient if the Offeror chose paragraph (d) of the provision under FAR 52.204-8. Please indicate in section K of your proposal if online certifications and other statements were submitted.

(b) Offerors must have a DUNS Number when the anticipated value of any single award is expected to be over $25,000 or the local currency equivalent. The DUNS Number is the unique identifier that is used to retain information on all companies, organizations and people that have awards with the Government. All vendors, including foreign businesses and individuals, receiving USAID awards over this monetary threshold must obtain the DUNS Number themselves. In addition, all vendors doing business with the Federal Government must be registered in the SAM http://www.sam.gov/. In order to register in the SAM, a DUNS number is required.

(c) If the Offeror is a joint venture or partnership, (see FAR Subpart 9.6), the Cost Proposal must include a copy of the agreement between the parties to the joint venture/ partnership. The agreement will include a full discussion of the relationship between the firms including identification of the firm which will have responsibility for negotiation of the contract, which firm will have accounting responsibility, how work will be allocated, overhead calculated, and profit shared, and the express agreement of the principals thereto to be held jointly and severally liable for the acts or omissions of the other.

L.9.4 Part 4 – Policies and Procedures

(a) If the Offeror does not have prior USAID contracting experience, it must submit a copy of its personnel policies, especially regarding salary and wage scales, fringe benefits, merit increases, promotions, leave, differentials, travel and per diem regulations, etc. The Contracting Officer may determine that a pre-award survey is necessary (see FAR 9.106).

(b) A summary of the offeror's personnel policies used for formulating the cost proposal and in effect at the time the offer is submitted, especially regarding salary and wage scales, merit increases, promotions, leave, differentials, travel and per diem regulations, fringe benefit, etc.

(1) Fringe Benefit Information: Unless the offeror's (and each subcontractor's)

Negotiated Indirect Cost Rate Agreement contains a fringe benefit rate(s), the rate(s) proposed in the calculations will be supported by a detailed breakdown comprising each item of fringe benefits (i.e., unemployment insurance, retirement, worker compensation, health and life insurance, FICA, etc.) and the costs of each, expressed in dollars and as a percentage of salaries. Each page will have the prime offeror's (or subcontractor's) name clearly marked.

(2) Information Concerning Work-Day, Work-Week, and Paid Absences: Offerors and each proposed major subcontractor must indicate the number of hours and days in its normal work-day and its normal work-week, both domestically and overseas, for employees and consultants. In addition, Offerors and each proposed major subcontractor will indicate how paid absences (US holidays, local holidays, vacation and sick) will be covered.

A normal, work-year, including paid absences (holidays, vacations, and sick leave) is 2,080 hours (260 days x 8 hours per day). However, some organizations do not have an 8-hour workday, and some accounting systems normally provide for direct recovery of paid absences by using a work-year of less than 2,080 hours to compute individuals' unburdened daily rates. Offerors and major subcontractors must describe their workday and workweek policies.

L.9.5 Part 5 – Subcontractor Information

The information set forth below must be provided for each subcontractor, if any, proposed. A tab or colored sheet must separate each element of subcontractor information, as well as each subcontractor. Each page must have the subcontractor’s name clearly marked.

(a) A letter, on subcontractor letterhead, and signed by an authorized representative of each subcontractor, which specifically indicates the subcontractor's agreement to be included in the Contractor's proposed teaming arrangement.

(b) Offerors must address each of the elements in FAR 44.202-2 in order for proposed subcontractor(s) to be considered by the Contracting Officer for consent of subcontractor(s) to be granted with the initial award.

(c) A discussion and arrangement on type(s) of subcontract(s) to be used, and approximate percentage of each type of work to be subcontracted.

(d) The information requested above in Parts (2), (3), (4), (6) and (7) for each subcontractor.

L.9.6 Part 6 – Evidence of Responsibility

(a) Offerors must submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR Subsection 9.104-1. Accordingly, Offerors must address each element of responsibility.

To be determined responsible, a prospective Contractor must:

(1) Have adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a));

(2) Be able to comply with…