72051722R00006 - Amendment 001.pdf

(x)

72051722R00006 x x

N/A

Not Applicable

10605

720517

Santo Domingo, D.N.

Altos de Arroyo Hondo Avenida República de Colombia #68 USAID/Dominican Republic

05/18/2022

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing Items 8 and 15, and returning ______0_____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION

NO. 001

5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/18/2022

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return _________0_________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

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

The purpose of this modification is to respond to questions received and make specific changes to the solicitation.

Specific changes to the solicitation can be found in the continuation page.

Questions received can be found in ANNEX A to this amendment.

----CONTINUES IN NEXT PAGE ----

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

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

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

x x

Javier O. Castano

ALL INTERESTED OFFERORS

06/10/2022

RFP no. 72051722R00006 Amendment 001 - CONTINUATION PAGE

Specific Changes to the solicitation are as follows:

1. On the cover letter of the solicitation, in “Closing Date and Time for Submission of Proposals”, DELETE 'June 17, 2022’ and REPLACE it with “June 20, 2022”.

2. In section “F.5 REPORTS AND DELIVERABLES OR OUTPUTS”, under ‘(a) Work Plans, Periodic and Other Reports’, ADD the following rows:

(13) Gender and Inclusive Development Analysis (GIDA)

Within six (6) months of the effective date of the contract.

(14) Security Plan Within three (3) months of the effective date of the contract

3. In section “F.5 REPORTS AND DELIVERABLES OR OUTPUTS”, under ‘(a) Workplans, Periodic and Other Reports’, “Description of Report Content”, ADD the following sections:

(13) Gender and Inclusive Development Analysis (GIDA)

A Gender and Inclusive Development Analysis (GIDA) must be conducted within the first 6 months of the award to illustrate the implementation of the work plan of the Program.

Inclusive Development is the concept that every person, regardless of their identity, is instrumental in the transformation of their own societies and their inclusion to lead to better outcomes. Using USAID Standardized Six Domains, the Activity-level Gender and Inclusive Development Analysis would help to map the context in which marginalized people could be integrated during the implementation of the Project by:

1. Identifying, understanding, and explaining gaps that exist between persons of marginalized groups and the general population and to consider differential impacts of policies and programs.

2. Identifying structural barriers and processes that exclude certain people from participating fully in society and development programs.

3. Examining differences in access to assets, resources, opportunities, and services; and

4. Leading to specific recommendations on how to include marginalized groups in development programs and designing these programs to reduce deprivations and to empower marginalized groups.

The Activity should promote, when applicable, the inclusion of vulnerable groups, including but not limited to women, youths, people victims of trafficking in person, LGBTQI+ individuals, people with disabilities, migrants, Dominicans of Haitian descent and other groups identified during the GIDA. In addition, the contractor must detail how it will support activities that are designed to benefit and meet the justice and security needs of vulnerable populations, as these pertain to the local context and challenges mentioned above. To address gender mainstreaming, the Contractor must analyze how programs will be tailored to maximize gender and social inclusion, i.e. the disproportionate threats and the occurrence of F/GBV and barriers to accessing justice and related services.

The findings and recommendations obtained from the GIDA, should be integrated in the work plan of the project, and reviewed, if applicable every year. For specific guidance on how to conduct the GIDA, please refer to USAID Suggested Approaches for Integrating Inclusive Development Across the Program Cycle and in Mission Operations (ADS 201 Additional Help).

(14) Security Plan

The security of partners, beneficiaries and the contractor’s staff is of utmost concern to USAID/Dominican Republic. It is imperative that the Contractor develop a security plan that ensures institutionalized processes to track the security context in different locations, evaluates the risks, and implements steps to mitigate risks.

4. In Section ‘H. SPECIAL CONTRACT REQUIREMENTS’, under H.2(a)(1), DELETE the sentence that reads “If, during contract performance, the contractor proposes salary or wages for a new individual(s) that exceeds 5% ceiling of the individual’s current salary or wage or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years, the Cognizant Contracting Officer’s approval is required.” and REPLACE it with the following: “If, during contract performance, the contractor proposes salary or wages for an individual(s) that exceeds 5% of the individual’s contemporaneous contract salary or wage, the Cognizant Contracting Officer’s approval is required.”

5. In Section ‘H. SPECIAL CONTRACT REQUIREMENTS’, DELETE Section H.7 in its entirety and REPLACE it with the following: “H.7 RESERVED”.

6. In “Part II - CONTRACT CLAUSES”, in ‘SECTION I- CONTRACT CLAUSES’, under ‘I.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE’,

DELETE ‘FAR 52.211-15, DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS’.

7. In Section ‘L.-INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS’, under ‘L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL”, in ‘B.CONTENT OF TECHNICAL PROPOSAL’, under ‘(b) MANAGEMENT APPROACH”, ‘Key Personnel (Titles, roles, and list of qualifications)’, for the Deputy Chief of Party, DELETE the following sentence: “A social science, business management or law degree, with at least 5 years of experience of progressively increasing responsibilities in development projects in the DR or Latin America and Caribbean.” and REPLACE it with the following: “A social science, business management or law degree, with at least 5 years of experience of progressively increasing responsibilities in development projects or in a development context in the DR or Latin America and Caribbean.”

8. In Section ‘L-INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS’, under ‘L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL’, in ‘B.CONTENT OF TECHNICAL PROPOSAL’, under ‘(b) MANAGEMENT APPROACH”, ‘Key Personnel (Titles, roles, and list of qualifications)’, all requirements for fluency in english are hereby UPDATED to reflect “proficiency in english”.

9. In ‘L-INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS’, under ‘L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL’, in ‘B.CONTENT OF TECHNICAL PROPOSAL’, under ‘(b) MANAGEMENT APPROACH”, ‘Key Personnel (Titles, roles, and list of qualifications)’, ADD the following:

- As an annex, the offeror must Include CVs/Resumes with contact information for at least three references for each proposed key personnel.”

---END OF SPECIFIC CHANGES TO THE SOLICITATION---

ANNEX A

Amendment No. 01

Request for Proposals (RFP) No. 72051722R00006 The Justice and Security for All Activity

(Questions & Answers)

General Questions

1. Can USAID please provide a searchable, unscanned PDF version of this RFP (NO.

72051722R00006)?

Answer: An unprotected version of the original RFP has been uploaded for your convenience. Note that this document has not been modified to account for the specific changes made under this amendment. Also, should any discrepancies arise between the uploaded “unprotected” documents and the signed RFP, the signed RFP is the controlling document.

2. Could you kindly attach in the email all the documentation of this tender?

We confirm that we downloaded the files, but we are still unable to access all the documentation, since the format in which the files were uploaded to the SAMS platform does not allow us to open the links.

Also we cannot copy the text from the RFP in order to use the templates, cause the file has the copy+paste function blocked.

Similarly, the Section J has a series of links to access some templates that we cannot open cause the file has some restrictions.

In addition, could you kindly confirm the receipt of our deadline extension request? It’s our best interest to present a proposal for this USAID tender, however we are worried about the short deadline to prepare our bid.

Therefore, we remain attentive to the request for an extension of the deadline, since our participation would depend on this.

Answer: Please note that the solicitation and all associated documentation is only posted to the GPE and interested parties must access it accordingly. See specific changes in Amendment 001 to the solicitation.

3. Would USAID consider providing an extension of the submission deadline to provide offerors sufficient time to incorporate USAID’s answers to questions before submission?

Answer: See specific changes in Amendment 001 to the solicitation.

4. One of the bidders is requiring potential Dominican personnel and key partners/grantees to make exclusive commitments. As this reduces competition, limits USAID’s ability to receive the best services, and limits access to information particularly when exclusive partners are key actors in governmental processes, we request that USAID consider stating that it is unacceptable for anyone to require exclusive commitments.

Answer: USAID does not intervene in exclusive commitments proposed by bidders to other parties. We hereby reaffirm that USAID discourages the signing of exclusive contracts between offerors and proposed key staff.

5. Please clarify whether the Justice and Security for All Activity is expected to, in addition to working with the Dominican National Police (DNP) at the central level, also focus on working with the DNP at the local level, support community policing activities, etc.

Answer: That is correct.

6. Does USAID plan to do an external evaluation of the Activity?

Answer: This is a possibility but it is not confirmed yet.

7. Has the USG interagency rule of law working group determined if there are any Dominican criminal justice entities or offices that have been past beneficiaries of USG assistance that USAID programs will not be authorized to work in or with?

Answer: We do not have that information.

Questions related to Section C

8. We understand that, per the RFP, specific “[t]arget locations will be defined once the contract has been awarded.” However, for planning purposes, please clarify whether these locations will be based on province, municipality, judicial department, or judicial district.

Answer: These locations will be based on provinces and municipalities. However, after selection, once we define a collaborative plan with the Attorney General's Office and the Judiciary, we may include judicial departments and judicial districts.

Questions related to Section F

9. Section F.5 of the RFP states that the Annual Workplan is due “within 30 days of effective date of the contract.” We respectfully request that USAID consider extending this deadline to 40 days to allow the contractor to engage staff and subcontractors and have participatory working sessions.

Answer: The contractor can submit requests for extending this deadline after the contract is signed. The Contracting Officer will review the submitted request accordingly.

U.S. Agency for International Development (USAID) Project Title:The Justice and Security for All Activity Solicitation #: 72051722R00006 Page 2

Questions related to Section H

10. Section H.2(a)(1) refers to the need to obtain CO approval when proposed salaries or wages exceed 5% of the highest rate received in the last 3 years. However, the current USAID Form 1420-17, expiring on November 30, 2024, excludes salary history. We respectfully request USAID to update the RFP language to be in line with the latest requirement to not use salary history as a basis for salary negotiations.

Answer: See specific changes in Amendment 001 to the solicitation.

11. Section H.2(a) appears to contradict USAID’s current policy to not consider salary history in determining compensation. Moreover, offerors do not collect salary history information and USAID’s own 1420 form no longer includes such information. We request that USAID revise Section H.2(a) accordingly.

Answer: See specific changes in Amendment 001 to the solicitation.

12. Sections H.6 and H.7 appear to be repetitive, as both cover information technology approvals based on M/OAA-DEV-FAR-20-3c with only minor differences in wording, for example in part (b). Accordingly, we request that USAID review and delete either H.6 or H.7 from the

RFP.

Answer: See specific changes in Amendment 001 to the solicitation.

13. Section H.15, Grants Under Contracts, subsection (d) (p.40), states that GUCs may be provided as cost-reimbursement or fixed amount grants. Please confirm if in-kind grants are allowable.

Answer: In-kind grants are not envisioned.

14. Section H.17(b)(3) states that provision “commodities and services for support of police and other law enforcement activities” are ineligible goods or services. However, the scope of work, and more specifically Objective 2, calls for institutional strengthening to police and other law enforcement entities. We respectfully request USAID to confirm that the required authorizations have been processed for the contractor to be able to provide these services despite the restrictions under Section H.17. Aside from Leahy Vetting, what other approvals or deviations will be required that will need to be considered in the timing of proposed activities?

Answer: Aside from Leahy vetting requirements, no other approvals or deviations will be required to provide the technical assistance services called for in the SOO, specifically under Objective 2. For other types of commodities and/or services, the restrictions found in Section H.17 and in AIDAR 752.225-70 (including but not limited to military and surveillance equipment) remain in place.

U.S. Agency for International Development (USAID)

Solicitation #: 72051722R00006 Page 3

Questions related to Section I

15. We request that USAID remove FAR 52.211-15, Defense Priority and Allocation Requirements from the RFP as it does not seem relevant to this Activity.

Answer: See specific changes in Amendment 001 to the solicitation.

Questions related to Section J

16. Attachment J.1, Section C.1 – Purpose (p. 105): USAID envisions "improving the effectiveness of State-level justice institutions", while Section C.4.a indicates that "The Contractor must achieve an overall improvement in the number of cases resolved or prosecuted with the selected municipalities."

a. Could USAID clarify if the geographic approach will be expected at the province level, the municipal level, or the municipal district level? USAID/DR is supporting the Dominican Citizen Security Strategy and this is both at the province level and municipal level but not for all provinces so far.

b. Would USAID please confirm how many municipalities are anticipated to benefit from the program? USAID/DR is supporting the Dominican Citizen Security Strategy and all municipalities have not been selected by the GODR since it is a 4 year strategy. This will also depend on the project’s budget.

c. Could USAID clarify at what stage the name and number of municipalities and/or municipal districts will be shared publicly, and whether those locations are/are not vetted to work with law enforcement?

Answer: USAID/DR is supporting the Dominican Citizen Security Strategy and this is public under the Ministry of Interior and Police and the Ministry of the Presidency. The Dominican National Police is an important part of the strategy. Therefore, the Dominican National Police will be an important beneficiary of all efforts and activities.

17. Attachment J.1, Section C.2.c (p. 109): regarding coordination with the Department of State's INL activities in the rule of law space, can USAID share the scope of what is being implemented currently with regards to criminal justice effectiveness and interconnectedness of institutions?

Answer: No.

18. Attachment J.1, Section C.4.a – Description of Objectives and Planned Results (p. 110): The Dominican Republic has been selected by the USG as one of two pilot countries for implementation of the December 2021 U.S. Strategy to Counter Corruption. Should the RFP objectives of better investigation and prosecution of crime (Objective 1) and sharing of data between law enforcement and prosecutors (Objective 2) be understood to envision/allow project support to units with combat of corruption mandates, such as the Public Ministry

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Solicitation #: 72051722R00006 Page 4

PEPCA, Controller General Antifraud Unit, Inspector General Offices of the Public Ministry, and judiciary, or should the bidder understand that other USG-funded programs will be implementing the USG Countering Corruption Strategy in the Dominican Republic?

Answer: USAID is considering working with those anti corruption units, as well as other USG programs.

19. In Attachment J.1, Section C.5.b, the draft statement of objectives stipulates that a “Gender and Inclusive Development Analysis (GIDA) should be conducted within the first 6 months of the award.” However, this deliverable is not included in the list of reports and deliverables in Section F.5(a) of the RFP. Could USAID please confirm whether a GIDA will be required as a project deliverable?

Answer: See specific changes in Amendment 001 to the solicitation.

20. In Attachment J.1, Section C.5.j states “it is imperative that the Contractor develop a security plan that ensures institutionalized processes to track the security context in different locations, evaluates the risks, and implements steps to mitigate risks.” However, this deliverable is not included in the list of reports and deliverables in Section F.5(a) of the RFP.

Could USAID please confirm whether the security plan will be required as a project deliverable, and, if so, could USAID please confirm when this deliverable would need to be submitted?

Answer: See specific changes in Amendment 001 to the solicitation.

21. Please confirm that the positions listed under Expatriate Staff, Program Staff, and Operational Staff in the budget template are only illustrative.

Answer: Yes, they are illustrative.

22. Attachment J.2 Budget Template: “Expatriate Staff” and “HQ Technical Staff” are listed as the only two categories for international staff. Please confirm offerors may add in other categories, such as “HQ Operational Staff”.

Answer: Confirmed.

23. Attachment J.2 Budget Template: “Unit” column is given per year. Considering this will not change from year to year, may offerors delete the column in Years 2 through 5?

Answer: No.

24. Attachment J.2 (Budget Template):

a. In the template, allowances are included under fringe benefits. In the budget narrative instructions, allowances are still a separate budget category, as they are in most

U.S. Agency for International Development (USAID)

Solicitation #: 72051722R00006 Page 5 organizations’ chart of accounts. Does USAID want offerors to include allowances under fringe benefits, or may offerors create a separate budget section for them?

Answer: Please include allowances under fringe benefits; do create a separate section.

b. The Travel Table has places only for Domestic (which customarily means U.S. travel) and International Travel. There is no place for Local Travel (i.e., in-country travel). Where does USAID want local travel included (e.g., taxis, other ground transport, per diem for local staff, etc.)?

Answer: For the purposes of this table, Domestic refers to local travel within the Dominican Republic and U.S. travel refers to all other travel.

c. The Travel Table has no place to record travel costs other than airfare and per diem. Where does USAID want these other travel costs recorded (e.g., airport transfers, COVID tests, visas, etc.)?

Answer: The other travel costs (e.g. airport transfers, COVID tests, visas, etc.) should be recorded in the Other Direct Costs (ODCs) category.

25. The budget template defines “Capital Equipment” as equipment with a unit price over $5,000 per 2 CFR 200, and “General Equipment” as with a unit price up to $4,999. Since those definitions apply to grants, please confirm that offerors should use the FAR definition of expendable equipment (cutoff value of $500 instead of $5,000) instead of the definition from

2 CFR 200.

Answer: Confirmed.

26. Please provide Word versions of the BIP/MP and QASP templates.

Answer: An unprotected version of the original RFP has been uploaded for your convenience. Note that this document has not been modified to account for the specific changes made under this amendment. Also, should any discrepancies arise between the uploaded Word/Excel documents and the signed RFP, the signed RFP is the controlling document.

27. Please provide a breakdown of the miscellaneous allowances that appear in the salary scale in Attachment J.7

Answer: There is no breakdown of the miscellaneous allowances.

28. Attachment J.7 (p. 136): Can USAID specify the exchange rate which offerors should use in converting the LCP rates in Attachment J.7 to U.S. dollars?

Answer: Offerors should use the current local market exchange rate.

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Solicitation #: 72051722R00006 Page 6

Questions related to Section L

29. Section L.6.A of the RFP lists the Quality Assurance Surveillance Plan (QASP) as not subject to the page limitation. Under Section L.6.B(a), the QASP is included in the list of sections as part of the Management Approach but not identified as an annex. Can USAID please confirm that the QASP should be included as an annex?

Answer: The QASP must be included as an annex and is not subject to the page limitation.

30. Section L.6.A of the RFP lists an Illustrative Work Plan as not subject to the page limitation.

However, Section L.6.B(a) requires the PWS to include the following components in the PWS/Technical Proposal Body (not in the Annexes, unless otherwise noted): “A summary chart listing proposed interventions to achieve the objectives, the name of any sub-partner implementing the intervention (if known), period of performance, and proposed geography” and “for the proposed interventions, additional information as follows:

• an illustrative work plan for the intervention

• any proposed sub-partners

• at least two proposed indicators per intervention and semi-annual targets for each indicator.”

Given that the RFP does not provide specific instructions for the work plan, could USAID please confirm that “the illustrative work plan for the intervention, any proposed sub-partners, and at least two proposed indicators per intervention and semi-annual targets for each indicator” correspond to the instructions for the work plan annex, excluded from the page count?

Answer: The illustrative work plan is not included in the page limitation.

Additionally, the frequency to collect data may vary from one indicator to the next and it may be more realistic to collect data and measure progress against targets on an annual basis, as opposed to semi-annually. In this regard, would USAID kindly allow offerors to include annual targets only, for each indicator in the draft work plan and PMP annexes?

Answer: No.

31. Does USAID require that a set portion of the GUCs total should go to the Community Justice Houses Organization? If yes, please provide further guidance.

Answer: No.

32. May offerors include an Executive Summary with the technical proposal?

Answer: No.

33. Section L.6.A lists the Draft Performance Monitoring Plan (PMP) as excluded from the page limitation. However, Section L.6.B(a) includes the Draft PMP as part of the PWS/Technical

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Solicitation #: 72051722R00006 Page 7

Proposal Body but does not indicate it as an annex. Could USAID please confirm that offerors should present the draft PMP as an annex to the PWS/Technical Proposal Body, and that the annex is excluded from the page limitation?

Answer: Confirmed.

34. Please confirm that the Illustrative Work Plan should only cover the first year of the contract.

Answer: Confirmed.

35. Section L.6.A (p. 84): In order to best present key personnel qualifications and provide the information required for reference checks, would USAID consider allowing offerors to provide four-page Key Personnel CVs, together with relevant reference information, as a separate annex to the Technical Proposal that would not count against the 40-page limit?

Answer: See specific changes in Amendment 001 to the solicitation.

36. Section L.6.B(a) states that the proposal shall include a Draft Performance Monitoring Plan (PMP). Section F.5(a) includes a Monitoring, Evaluation, and Learning (MEL) Plan as a deliverable but does not include a Draft PMP. Can USAID please clarify if offerors should submit a draft PMP or a draft MEL plan which follows the description of report content provided in Section F.5(a)?

Answer: Offerors must submit the Draft PMP as an annex to the Technical Proposal. The MEL Plan will be a requirement of the contract that must be delivered to USAID within 60 days of contract effective date by the selected Contractor, as indicated in Section F.5(a).

37. Section L.6.B.(a) (pp.85-86): Can USAID please provide a plug figure for the Center for Community Justice Houses (CCCJ)?

Answer: No.

38. Section L.6.B.(b) Management Approach - Key Personnel (p. 87-88):

a. Could USAID please clarify and reaffirm its stance on exclusive arrangements with key personnel candidates and local partner organizations? In the RFP, USAID “discourages the signing of exclusive agreements between offerors and key proposed staff,” yet many key and non-key staff prospects signed restrictive exclusivity agreements with another potential bidder before the RFP was published. Recognizing that the pool of qualified CCN and TCN staff meeting USAID’s experience criteria is limited, will USAID modify the above-referenced language to read that USAID “prohibits the signing of exclusive agreements between offerors and key proposed staff,” and will USAID instruct offerors to immediately notify their key proposed staff candidates that any such agreements have been rescinded?

Similarly, will USAID consider discouraging or prohibiting exclusive agreements between an offeror and other local staff and/or organizations?

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Solicitation #: 72051722R00006 Page 8

Answer: We hereby reaffirm that USAID discourages the signing of exclusive contracts between offerors and proposed key staff.

b. USAID is requiring “at least 5 years of experience of progressively increasing responsibilities in development projects”. The most qualified CCN candidates with the requisite project experience signed exclusive agreements with another potential bidder before the RFP was published, and are unwilling to sign with other companies. Will USAID consider revising the required progressively increasing responsibilities of the DCOP from “in development projects” to “in a development context”?

Answer: See specific changes in Amendment 001 to the solicitation.

c. The RFP mandates fluency in English and Spanish for key personnel. Such a requirement disqualifies some of the most respected and accomplished experts in the region - particularly law enforcement / police advisors and criminal justice specialists – who are not fully fluent in English. The English fluency requirement also appears to be an anomaly from the criteria typically used in similar justice and security activities within LAC. Will USAID consider modifying the English requirement from “required” to “preferred”, thus ensuring a more competitive pool of qualified and proven talent to fill key positions?

Answer: See specific changes in Amendment 001 to the solicitation.

d. Can USAID please clarify if the “investigation” of human rights violations” experience required for the F/GBV, TIP and Vulnerable Populations Specialist relates to ‘research,’ ‘criminal investigation,’ or both?

Answer: This relates to research and not criminal investigation.

39. Please confirm that the required indicators/targets and work plan at the intervention level may be presented as a part of the Draft PMP Annex and the Illustrative Work Plan Annex respectively.

Answer: Confirmed.

40. Please confirm that the past performance matrix should only include those contracts that are not in the CPARS and that for the contracts included in the CPARS the name of the contract and its number shall suffice.

Answer: The past performance matrix can include contracts that are not in the CPARS system.

41. Section L.6.B.(c) CONTRACTOR PERFORMANCE INFORMATION (p. 89): Would USAID consider raising the number of past performance contracts from three to five to allow offerors to portray their capabilities more fully?

Answer: No.

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Solicitation #: 72051722R00006 Page 9

42. Could USAID confirm that detailed budgets, with similar information as submitted by the prime Offeror, must be provided for major subcontracts only? Section L.7 Part 2 says to “please ensure that the budget includes the prime and all subcontractors,” and Section L.7 Part 2(3)(G) provides similar guidance, whereas Section L.7 Part 2(2) says “for each major subcontractor.”

Answer: Confirmed.

43. Section L.7, Part 2, (G) Contractual (p.93) states “Offeror must set aside an amount of $5,750,000 of its total budget to provide [GUCs]…” The RFP goes on to require detailed information on the grants, included in the budget narrative. Given that the GUC is a pool of funds that the RFP already specified, we request that the requirement for a detailed budget explanation of the GUC pool be removed.

Answer: Offerors must provide information sufficient to determine reasonableness of costs proposed for each year. Detailed information on proposed grant activities must be provided in the budget narrative.

44. Section L.7, Part 2, (K) Fixed Fee (p.96) states, “The Offer must explain the basis of fee…with regards to the applicable factors of technical, management…Any additional factors may be discussed as a basis for fee.” However, per FAR 15-404-4, (c) (5): 5) states that “The contracting officer shall not require any prospective contractor to submit breakouts or supporting rationale for its profit or fee objective but may consider it, if it is submitted voluntarily.” Accordingly, we ask that the RFP language be revised.

Answer: Section L.7, Part 2, (K) Fixed Fee (p.96) does not request for the submission of breakouts or supporting rationale for the fee; instead, it requests offerors to explain the basis of the fee in accordance with FAR 15-404-4.

45. There are several small discrepancies between the budget template (Attachment J.2) and the cost categories/instructions laid out under Section L.7 Part 2. Please confirm the instructions.

The discrepancies noted are:

a. Allowances – listed as separate cost category in the RFP (page 93), but Budget template includes as part of the Fringe Benefits cost category. Please confirm if offerors should edit the budget template or indeed budget under Fringe benefits cost category.

Answer: Offerors must budget Allowances under the Fringe Benefits cost category.

b. Program Activities and Training are listed under “Contractual” in the Budget Template.

Would USAID allow offerors the flexibility to budget activities and trainings under the cost category per their technical solution (e.g., either under Contractual if run through a subcontractor, or under ODCs if run directly by the prime Offeror)?

U.S. Agency for International Development (USAID)

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Answer: If run by a subcontractor, program activities and training must be budgeted under the “Contractual” cost category of the subcontractor detailed budget worksheet. Otherwise, offerors should include these costs where appropriate with clear narrative to substantiate this.

c. Subcontracts is referenced in the RFP instructions (page 93) but there is no actual place in the “Contractual” section of the Budget template. Please confirm that offerors may add a section in for subcontracts.

Answer: Subcontracts must be addressed as a sub-section under the “Contractual” cost category. Note that for each major subcontractor (defined as one whose proposed cost exceeds 20% of the Offeror’s total proposed cost) the Offeror must also include a full detailed budget worksheet linked to the Prime’s in the same spreadsheet.

46. With regards to the instructions in Sections L.7, Part 3/Section K (page 96), Part 5/Information Concerning Work-Day, Work-Week, and Paid Absences (p.97), and Part 8/Evidence of Responsibility (p.98), would USAID consider limiting to only major subcontractors?

Answer: No.

47. Please confirm that Information to Support Consent to Subcontract (p.98) is only required for major subcontractors.

Answer: It is required for all proposed subcontractors, not only major subcontractors.

48. Please indicate the authorized workday/week.

Answer: Please see Section L.7, Part 5 - Information Concerning Work-Day, Work-Week, and Paid Absences of the RFP (Page 97).

49. Section L.7, Part 6, (1) (p.97) states “…it is encouraged to submit a Subcontracting Plan…” However, Section L.7, Part 2, (G) Contractual (p.93), states, “Offerors included in the competitive range will be required to submit a small business subcontracting plan…” Please confirm that offerors do not need to submit a small business subcontracting plan but can instead defer submission of the plan until competitive range.

Answer: If the Offeror is other than a small business, it is encouraged to submit a Subcontracting Plan as part of the Cost/Business Proposal. Offerors must not defer submission of the plan until competitive range, as the Government anticipates awarding the contract without discussions with Offerors in accordance with FAR 52.215-1, but reserves the right to hold discussions.

50. Requiring English fluency for the Law Enforcement/Police Advisor, Criminal Justice Specialist, and F/GBV, TIP and Vulnerable Populations Specialist will preclude otherwise excellent candidates from being proposed. We request that USAID waive this requirement.

U.S. Agency for International Development (USAID)

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Answer: See specific changes in Amendment 001 to the solicitation.

51. Please confirm that alternate key personnel candidates are not required in the proposal.

Answer: Confirmed.

52. May offerors propose different key personnel positions to better fit the proposed technical and management approach?

Answer: No.

53. Section L.7, Cost Proposal – Part 12 Branding Implementation (BIP) and Marking Plan (MP)

(p. 99): Can USAID confirm whether offerors are required to submit a completed BIP and MP as part of their proposals, even though these will not be part of the technical evaluation?

Answer: Offerors must submit a BIP and MP as part of the Cost/Business Proposal.

Questions related to Section M

54. In the Management Approach evaluation criteria in Section M.2(b), there is reference to “a review of Key Personnel reference checks.” Can USAID please clarify if including contact information for references will suffice, and if so, how many references for each key personnel should be included?

Answer: See specific changes in Amendment 001 to the solicitation.

U.S. Agency for International Development (USAID)

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