72052018R00002_-_Am._0001.pdf

USAID/Guatemala Justice and Transparency Project RFP No. 72052018R00002 – Amendment 00001

Attachment 1 Questions and Answers

Technical Questions

1. Is there an incumbent contractor currently performing these services or if this is a new requirement. If there is an incumbent, could you please provide the contract number?

USAID Response: Yes, the incumbent is Checchi and Company Consulting, Inc.

Contract No. AID-520-C-12-00004

2. Are there any evaluations available that were completed by the incumbent? If so, could USAID kindly provide these reports?

USAID Response: No evaluations have been completed.

3. Could USAID provide information on any locally-initiated Guatemalan efforts to improve efficiency and case movement/resolution in Guatemala?

USAID Response: Please review the quarterly reports of Contract No. AID-520- C-12-00004. USAID has supported the Government of Guatemala in the implementation of new model courts that implement new case management processes. Among these are the 24-hour Courts and the High Impact or High Risk Courts.

4. Sections B.4 and J of the RFP instruct offerors to propose cancellation dates and ceilings for the contract, accompanied by justification supporting the proposal ceiling amount.

The USAID/Guatemala Justice and Transparency Project is a CPFF-type contract where the contractor is authorized to be reimbursed for all costs that are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” Therefore, the contractor will not incur any costs that would have been amortized over the life of the contract, should the contract be cancelled in accordance with FAR 52.217-2. Therefore, we kindly request that USAID remove the cancellation ceiling reference from Sections B.4 and J.

USAID Response: Please note that FAR 17.109 requires that cancellation ceilings be included in all multi-year contracts, not based on contract type. Therefore, the offeror should estimate appropriate cancellation ceilings per the guidelines in FAR 17.106. These may be finalized at the time of award, or modified after award as necessary, and the cancellation ceilings are not an evaluation factor for award.

5. Section C: Can USAID please confirm whether the expected results per component are exhaustive? Additionally, can USAID please confirm that expected results are life of project (LOP) targets? Does USAID have breakdowns of expected results per year or another time-period break down?

USAID Response: Expected results are the minimum requirements. Contractors can propose more expected results than what was included in the solicitation. The results are life of project targets. No breakdown per year has been established; this breakdown must reflect the proposed technical technical approach.

6. Section C.3, Objectives, states, “USAID Guatemala will continue to build on the successes achieved under the existing project….” To ensure that all offerors have the information needed to build on those successes, would USAID please share the latest annual report, recent quarterly reports, the monitoring and evaluation plan, and any potential evaluation of the Security and Justice Sector Reform Project? These reports are not available on USAID’s Development Experience Clearinghouse, and they are vital to ensure a level playing field for all offerors.

USAID Response: Please see the following attachments:

1. FY2018 Q1 Quarterly Technical Report

2. FY2018 Q2 Quarterly Technical Report

3. FY2018 Q3 Quarterly Technical Report

4. Performance Monitoring Plan Report Oct 2016 - Sept 2017

7. The RFP discusses addressing sexual violence, gender-based violence, and access to justice for women (pages 14 and 16), which are areas also addressed by the Youth and Gender Justice Project. Could USAID clarify what each project’s specific role is expected to be?

USAID Response: The role of the Youth and Gender Justice Project is to strengthen the capacity of the Guatemalan government to provide services to respond to the needs of juvenile offenders and victims, as well as victims of gender-based violence and trafficking in persons. The Justice and Transparency Project will ensure that the new Prosecutor’s offices required under Component

1.1 foster an increase in accessibility of justice services for all populations , as well as incorporate procedures aligned with indigenous groups’ cultural practices.

Concurrently, the contractor will also promote specific victim assistance efforts to act as a catalyst for the inclusion and well-being of persons with disabilities and other vulnerable groups in the new prosecutor’s offices.

The Youth and Gender Justice Project is implementing improved services in existing prosecutor’s offices. Efforts should be coordinated to complement the initiatives.

8. On Page 16, Component 1.1, USAID requests that the selected contractor support 10 new prosecutor’s Offices. Could USAID clarify whether USAID expects this support to include provision of material and equipment?

USAID Response: Yes, the Project should work with the Public Ministry to determine their needs but should expect that the provision of equipment, training for personnel and the implementation of an criminal investigation and case management system in the new prosecutor’s offices may be included.

9. (Component 1.1, page 16). Could USAID please confirm that the project is responsible for assisting the Ministerio Publico in finding the resources to build or rent premises for ten new prosecutor offices and that the project itself will not be dedicating funds to this?

USAID Response: The Project should coordinate with the Ministerio Publico regarding plans for the office premises. USAID has met with the Attorney General and is aware that they have the budget and the intent to continue to expand the geographic coverage of the Ministerio Publico at the municipal level.

The Project should not dedicate funds to rent or build premises, but rather should work with the Ministerio Publico and provide assistance for the expansion of justice services, which may include the provision of furniture, equipment, training and technical assistance on criminal investigation and case management.

10. Are the new MP offices mentioned in 1.1 and 1.2 the same?

USAID Response: No. Under 1.1 the contractor must support the expansion of the Public Ministry at the Municipal level with 10 municipal prosecutor’s offices.

Component 1.2 refers to Specialized Prosecutor’s Offices at the central level.

11. (Component 1.3 page 17, sentence 1). Could USAID provide details on what the international standards are that are referenced under this component? The statement in reference is: “The contractor must also support the implementation of the Public Ministry’s Organic Law to build up internal…management systems according to international standards and based on specific goals and parameters to measure its performance.”

USAID Response: USAID has supported the Public Ministry in obtaining ISO 9001 for administrative and management processes. The contract must continue to support the Public Ministry in expanding the number of process with ISO 9001 certification.

12. Page 17, Component 1.3 references building up the Public Ministry’s management system to “international standards.” Could USAID elaborate on those standards or provide a reference to them?

USAID Response: USAID has supported the Public Ministry in obtaining ISO 9001 for administrative and management processes. The contract must continue to support the Public Ministry in expanding the number of process with ISO 9001 certification.

13. (Objective 1.4, page 17) Could USAID clarify if the Computer Control System of Investigation of the Public Ministry (SICOMP) system is expected to be available to all prosecutors in Guatemala or only to certain offices? How many prosecutors are expected to be trained on the management system?

USAID Response: The SICOMP system is used at the national level in all prosecutor’s offices. The contractor is expected to train prosecutors in the new prosecutors’ offices on the system. Additionally, the contractor must support the Public Ministry at the central level on the use of the statistics and information provided by SICOMP for decision purposes including performance evaluation.

The number of prosecutors trained will depend on the technical approach.

14. Should we propose “[a]t least ten key geographic areas at the municipal level” (page 18) for objectives 1 and 2, with the understanding that they will be subject to USAID and counterpart approval, or only specify criteria for selection?

USAID Response: Contractors must plan to implement activities under objectives 1 and 2 in ten key geographic areas at the municipal level. Locations will be determined through discussions with USAID and justice sector institutions after award.

15. With regard to the implementation of the Democratic Criminal Policy:

a. The RFP states that the Policy should be implemented in 15 municipalities (page

17). Should these be drawn from those municipalities currently prioritized by the Public Ministry, or are they additional municipalities? Should they include the “at least ten” municipalities to be prioritized under Objectives 1 and 2?

b. The Policy “is based on four key pillars: crime prevention, efficient investigation, effective punishment and rehabilitation of those who are punished” (page 17). As support for implementation of the Policy is placed under Component 1.2, please clarify whether the contractor is expected to support only the second pillar of the Policy or the Policy as a whole.

USAID Response:

a. The implementation of the Democratic Criminal Policy must be implemented in the 15 municipalities prioritized by the Public Ministry.

The proposed technical approach will determine whether these include the 10 municipalities prioritized under Objective 1 and 2.

b. The Public Ministry is the driver behind the implementation of the Democratic Criminal Policy and has led the implementation of all pillars through inter-institutional coordination. The contractor must foster inter-institutional coordination at the municipal level in order to implement all pillars in the 15 municipalities.

16. On Page 18, Objective 2, USAID lists at least ten key geographic areas that must be selected for critical project activities. Have the Government of Guatemala or USAID designated these areas, or are these expected to be proposed by the Offeror, or determined after the contract is in place? If so, will the selection be evaluated as a part of the technical proposal?

USAID Response: The target areas will be selected after the contract is in place and in coordination with USAID and justice sector institutions. These will most likely include high crime areas where other USAID interventions are underway.

17. On page 18, Component 2, calls for a focus on 10 key geographic areas at the municipal level, for activities under Objectives 1 and 2. These will be selected in coordination with USAID and the justice sector institutions. What relationship do these 10 areas have with the 10 Public Ministry Offices referenced under Objective 1, Component 1?

USAID Response: The 10 key geographic areas for activities under Objectives 1 and 2 are additional to the 10 municipal Public Ministry Offices under Objective 1.1.

18. (Objective 2, page 18, paragraph 6). Could USAID confirm that the ten key geographic areas referenced under Objective 2 will include the 15 municipalities referenced under Component 1.2, Expected Results, page 17?

USAID Response: That determination is up to the proposed technical approach.

19. The RFP discusses supporting the prosecutor's office on environmental crimes (pages 15 and 16) and the specialized courts in environmental crimes (page 18), which are institutions also supported by the new Biodiversity Project. Could USAID clarify what each project’s specific role is expected to be?

USAID Response: The Biodiversity Project focuses in the Mayan Biosphere, Sierra de las Minas and the Pacific Coast. The Justice and Transparency Project will complement these efforts in other regions and lobby for national-level support for addressing environmental crimes. USAID expects coordination to take place among Projects to ensure efforts are complimentary.

20. Regarding the expected result for Component 1.1, Increase access to justice through Public Ministry services to assist with implementation of “At least ten new prosecutor’s Offices,” and Component 2.1, Strengthened adjudication of criminal cases in the Judiciary/ Criminal Courts to assist with the implementation of “At least six new model courts,“ can USAID please clarify if the intent is to assist with any building remodeling/construction and provision of furniture and equipment for this purpose and if so can USAID provide a plug number for these purposes?

USAID Response: Small-scale remodeling may be needed and the provision of furniture and equipment is anticipated. USAID cannot provide a plug number.

21. (Component 2.1, page 19, paragraph 2). Could USAID provide details on the specific de facto discriminatory practices?

USAID Response: De facto discriminatory practices refers to the obstacles that indigenous populations and other vulnerable groups face when accessing the justice system. This includes, for example, violations of judicial guarantees concerning the use of indigenous languages. The contractor must promote positive measures against discrimination to ensure an adequate treatment of vulnerable groups.

22. (Component 2.1, page 19, expected results). Could USAID confirm that the project is not responsible for any construction associated with the implementation of six new model courts under the first expected result? Could USAID also clarify the degree to which the Government of Guatemala, and/or another international donor, supports or funds new model courts, including construction?

USAID Response: USAID confirms that the project is not responsible for any construction under this contract. Small-scale renovation or remodeling is anticipated. The Government of Guatemala, specifically the Judiciary, has taken the lead on renovations and the provision of premises for the model courts implemented in the past. Contractors have only had to paint, put up drywall separations and provide furniture and equipment for the new model courts. The European Union, under the SEJUST Project, has carried out the construction of the Centros de Administración de Justicia.

23. We understand that a certain amount of renovation/remodeling will be required for the Justice and Transparency Project. Is any construction contemplated under this contract?

USAID Response: Renovation and remodeling is expected. No construction will be carried out under the Justice and Transparency contract.

24. Regarding site selection and coordination with other projects in USAID; Will there be an emphasis on areas of high crime and violence or backlog of cases outside the capital?

Specifically in the eastern and western regions? (page 19 mentions this but it doesn't mention priorities of backlog)

USAID Response: The target areas will be selected after the contract is in place and in coordination with USAID and justice sector institutions. It will most likely include high crime areas where other USAID interventions are underway.

Priorities will be set taking into consideration the justice sector institutions priorities which may include backlog.

25. On Page 19, Component 2.2, USAID states "Additionally, the contractor must address a lack of skills in understanding prosecutors’ use of wire- tapping, ballistics and other investigation methodologies." Does “lack of skills” reference those public defenders have in this area?

USAID Response: Yes, “lack of skills” refers to the Public Defenders lack of knowledge in these technical areas.

26. Page 20, Component 2.5 states that "the contractor will help the National Civil Police (PNC) to improve the capacity of police to investigate crimes." It notes that this support is "... limited to linking the investigative capacities for the PNC to existing criminal investigation models that are implemented to the Public Ministry." Since investigation often requires use of surveillance and the practice of interrogation (or "interviews" according to Guatemalan law), how would the contractor provide this assistance but also avoid conflict with Section 660 prohibitions? How does this assistance correspond to similar work by INL with the PNC? Finally, could USAID please clarify what are the contractor's responsibilities with respect to the Leahy vetting process?

USAID Response: Per Guatemalan law, prosecutors control the investigation process; therefore, the training provided to PNC on investigative capacities will be coordinated with the Public Ministry. To avoid conflict with Section 660, USAID/Guatemala requests (and typically receives) notwithstanding authority on an annual basis to authorize these activities. This notwithstanding authority is developed by taking into consideration work plans proposed by the contractor.

The contractor’s support to the PNC will be limited to activities that link the investigative capacity of the PNC to existing criminal investigation models that are implemented by the Public Ministry.

USAID and INL have established close coordination in order not to duplicate efforts. Therefore, the contractor will only work with police associated with the prosecutors’ offices for which USAID is providing support, specifically on investigative capacities based on the models implemented in the Public Ministry.

The contractor is responsible for providing the required information for conducting Leahy Vetting. The contractor must fill out the template provided by USAID in order to vet police officers that will benefit from training or equipment.

Information required includes: name, ID number (DPI), date of birth, unit name, job title or rank for each officer, as well as a description of the course or equipment that will be donated, location of training, source of funding, purpose of training, and dates of the course. USAID will send the information to the U.S.

Embassy where the vetting process is completed. The estimated period for obtaining vetting results is 15 weeks.

27. (Component 2.4 and 2.5, page 20). In order to avoid duplication of efforts, can USAID clarify the existing level of cooperation with INL and/or other donors that provide assistance to the INACIF and the National Civil Police (PNC)? For example, could USAID clarify if INACIF receives assistance from other donors with ISO-17025G-19 accreditation in one or more subject areas?

USAID Response: USAID closely coordinated with INL in order not to duplicate efforts in INACIF. USAID is the donor providing assistance for ISO-17025 accreditation. No other donor is supporting INACIF on accreditation of laboratories with ISO 17025. INL has supported INACIF by providing equipment.

INACIF authorities have clearly defined areas of intervention for each donor.

28. Who holds the current ISO/IEC 17025 accreditation in ballistics, genetics, and toxicology in Guatemala?

USAID Response: The audit to provide accreditation for the laboratories took place during the week of September 20, 2018. USAID expects the accreditation to be granted to INACIF by October 25, 2018. INACIF will hold the ISO 17025 accreditation for the ballistics, genetics and toxicology laboratories.

29. Is there a plan to expand the scope of INACIF’s laboratory beyond ballistics, genetics, and toxicology?

USAID Response: INACIF has a number of different labs. Per the RFP for the Justice and Transparency Project, under Component 2.4 an expected result is obtaining certification (ISO 17025) in two additional laboratories.

30. What two additional administrative systems is USAID and/or INACIF looking to certify and is there a specific standard preferred?

USAID Response: Previously, administrative system were certified with ISO 9001, the specific standard and administrative system to be certified must be proposed as part of the technical approach in the proposal.

31. The RFP contemplates procurements for infrastructure and equipment including video-conferencing equipment for the Constitutional Court (Component 2.3) and equipment for the National Institute of Forensic Science (Component 2.4). Can USAID provide a plug number(s) for such procurements?

USAID Response: USAID can’t provide plug numbers. The proposed support for equipment is dependant on the technical approach included in the proposal.

32. Related to the 2 new laboratories seeking accreditation – what disciplines do they plan to accredit and how many analysts are in each discipline, in each facility?

USAID Response: The two new laboratories to be accredited should be proposed as part of the contractor’s technical approach in the proposal.

33. The RFP states that “the contractor’s support to the PNC will be limited to linking the investigative capacities of the PNC to existing criminal investigation models that are implemented in the Public Ministry” (page 20). However, several other activities outlined in the RFP will require cooperating with and providing support to the PNC. Please confirm that, subject to USAID approval, the contractor may plan for such cooperation and support.

USAID Response: The contractor’s support to the PNC will be limited to activities that link the investigative capacities of the PNC to existing criminal investigation models that are implemented by the Public Ministry.

34. Could USAID clarify the requirement that “the contractor will provide support to oversee processes of different civil society organization…” (page 21)? Please clarify what is meant by “processes”.

USAID Response: By “processes” USAID is referring to the nomination processes for selecting justice sector authorities, including the Supreme Court Magistrates, Appellate Court Magistrates, the Public Defense Institute Director, etc.

35. Is remodeling/refurbishment allowed under the contract? Can an implementing NGO receive a grant for multiple activities, including a refurbishment?

USAID Response: Yes. Remodeling and refurbishing are allowed under the contract. Yes, an NGO can receive multiple grants, including a grant that has refurbishment/remodeling so long as that agreement includes the corresponding provisions per ADS 303.

36. Please clarify the scope of the “at least ten assessments on the justice sector” that are required (page 22).

a. May (some of) the assessments be issue-specific, institution-specific, or region-specific?

b. Who will be the audience for the assessments? Are the assessments meant to be for the project’s and USAID’s internal use, for use by the counterparts, or for a wider audience?

USAID Response:

a. The assessments can be either issue-specific, institution-specific, or region-specific.

b. The audience of the assessment is dependant on the type of assessment;

however, USAID anticipates that the assessments will guide the implementation of the program. Therefore, the audience is USAID and the Contractor. The audience could also be the counterpart institutions as they may serve to provide information for decision making purposes. The contractor must describe the assessments proposed and the audience based on the proposed technical approach.

37. (Section E.1, page 25). We kindly request the removal of reference to 52.246-16 Responsibilities for Supplies, as it is not applicable.

USAID Response: Agreed, this clause is being deleted from the RFP through this Amendment 1.

38. Page 30, Section F 2.2.6: USAID cites that the MEL plan will be used to monitor “expected outcomes, impacts...” Similarly, page 123 (technical evaluation criteria) also includes “the extent to which the MEL plan proposes indicators that measure Project....intended impacts.” Is USAID expecting the contractor to determine and monitor a control group(s) or propose other impact measurements? If not, can USAID please confirm that the contractor is limited to monitoring outputs and outcomes?

USAID Response: USAID expects the offerors to demonstrate ability to measure impact; however, this does not necessarily have to be done through an impact evaluation or control groups.

39. A Draft MEL Plan of the magnitude described in Section F.2.2.6 will require significantly more than five pages. Therefore, we respectfully request that USAID replace this requirement with a MEL Approach annex, which includes a narrative description of draft indicators and would be limited to five pages.

USAID Response: The complete MEL Plan described in Section F is due 90 days after the award of the contract. The draft MEL Plan that is reference in Section L.8 must be a summary of what the complete MEL Plan would look like. This preliminary Monitoring Evaluation and Learning Plan (5 pages) must clearly describe proposed indicators which correspond to the Project objectives, components and results, as well as a list of evaluations and summary of the proposed learning agenda.

40. Page 31: Could USAID make available the referenced USAID Performance Monitoring Plan?

USAID Response: The indicators from USAID’s Performance Monitoring Plan that are relevant to this project are listed on page 31 of the solicitation.

41. Page 31: Can USAID please confirm that the timeline and brief description of proposed evaluations to be managed by the Contractor apply to the post-award MEL plan and not for the preliminary plan?

USAID Response: USAID expects that the preliminary MEL plan will include a list of evaluations and a brief description of these. No timeline is necessary to include in this preliminary MEL plan.

42. Can USAID please confirm that the first MEL report referenced on page 32 of the RFP will cover the period from signature of contract to September 30, 2019?

USAID Response: Yes, the first MEL report must cover the period from the signature of the Contract through September 30, 2019.

43. The RFP states that the Annual MEL Report is due October 15 of each year (page 32).

We have found that essential GOG data is typically not available until the middle of the month. Consequently, would it be possible to replace the due date with October 30 instead?

USAID Response: The Contractor should work with the justice sector institutions to obtain the required data by the due date. USAID requires the MEL report by October 15 each year.

44. Key Personnel: Does AID have preference areas for the three positions that are TBD?

(pg39)

USAID Response: The three additional positions are up to the contractor to decide based on the proposed technical approach and the organizational structure.

45. Per the requirements listed in section F.2 Environmental Compliance and attachment J.1 Environmental Management and Mitigation Plan (EMMP) Format, could USAID please share the latest version of Guatemala’s Initial Environmental Examination (IEE) relevant to the RFP to properly identify the conditions that apply to proposed project activities within the scope of the award?

USAID Response: USAID cannot share the IEE. Also, note that guidelines for small-scale renovation activities will be provided after award.

46. Page 45, Section H.8(a) states that “The Contractor must include as part of its proposal a statement signed by all individuals proposed as key personnel, confirming their present intention to serve in the stated position and their present availability to serve for the term of the contract.” Could USAID please confirm that these statements should be included in the Annex C of the Technical Proposal alongside the Key Individual Certifications per ADS 206 and are excluded from the 20-page limit?

USAID Response: Yes, the statements should be included in the Annex C and the certifications are excluded from the 20-page limit.

47. (Section H.36, pages 60-61). We kindly request the removal of this section as it seems to be duplicative to section H.31 on page 58.

USAID Response: Agreed, Section H.36 will be removed through this amendment to the solicitation.

48. (Section I, page 69). We kindly request the removal of FAR 52.255-1, as this is not applicable to this solicitation.

USAID Response: FAR 52.255-1 is not included in this solicitation on page 69, perhaps this questions has a type?. FAR 52.225-1 is included and is necessary.

49. Please confirm that the cover page, table of contents, and list of acronyms are not subject to the 20-page limit for the Technical Proposal (Page 112).

USAID Response: Cover page, table of content and acronym list are not subject to the 20-page limit for the technical proposal.

50. The qualifications for Key Personnel on page 113 state that the experience in Guatemala is preferred for the Chief of Party (COP) and that the COP must have experience in managing complex contracts of similar size and scope. The two requirements together may prevent USAID from accessing a larger qualified pool of candidates. Would USAID agree to adjust the requirement to experience in Latin America preferred?

USAID Response: Guatemala experience is preferred, but not required.

Experience in Latin America is also a plus. USAID expects the offeror to propose key personnel who are best suited for the position.

51. Page 113 of the RFP mentions that the preliminary MEL Plan (5 pages) must include a proposed learning agenda. Can USAID confirm that the preliminary Learning Plan needs to include the proposed approach and process to create a learning agenda, rather than the learning agenda itself?

USAID Response: Correct. The preliminary MEL plan must include a proposed approach and process. It must also include examples of possible questions that will be answered through the learning agenda.

52. On page 113, the RFP requires that offerors “include staffing roles and responsibilities and describe skill sets for proposed personnel.” Given the Technical Proposal page limit, we assume that this requirement applies only to key personnel and other core technical personnel. Please confirm or clarify.

USAID Response: The organizational chart which includes staffing roles and responsibilities and which describes skill sets for the proposed personnel, per page 113, must be presented under Annex D. It is not considered part of the 20-page limit for the technical approach (see page 112). USAID has set the page limit for Annex D at five pages.

53. (L.8, C, 1. C. page 113). Could USAID confirm that the preliminary Monitoring Evaluation and Learning Plan (5 pages) is an annex and is not included in the technical approach?

USAID Response: The Monitoring Evaluation and Learning Plan is an annex (annex A, not to exceed five pages) and not to be included in the 20-page limit for the technical approach. See page 112.

54. The Past Performance Summary Chart template provided in the RFP does not allow for the efficient use of space, as the information required under some columns (e.g., scope of work) greatly exceeds the information required under other columns (e.g., term of performance). Therefore, we request that USAID allow offerors to present the required information in a different format while remaining within the total five page limit for Annex E.

USAID Response: Offeros are allowed to present the required information (scope of work summary; primary location of work; term of performance; skills/expertise required; dollar value; contract/agreement type and number; COR name, job title and e-mail) in a different format while remaining within the total five page limit for Annex E.

55. Please confirm that offerors may present the required small business utilization information (page 114) in an annex to the Technical Proposal.

USAID Response: Small business utilization is included in the past performance annex.

56. On Page 114 Section 3, USAID notes that “The Offeror (including all partners of a joint venture) must provide past performance for itself and each major subcontractor in accordance with the following...The chart must include up to three of the most recent and relevant contracts, grants, or agreements for efforts similar to the work in the subject proposal.” Could USAID clarify that this includes three each for both prime and major subcontractor(s)?

USAID Response: Yes, the offeror should include three for the prime and three for every major subcontractor proposed.

57. Pages 114-115, could USAID please confirm that Past Performance requirements in 3(A) and (B) related to use of small business concerns are included in the 5-page limit?

USAID Response: Yes, except for the subcontracting reports that were not submitted to eSRS.

58. (L.9, B, page 116, **Note). Could USAID clarify if 40% of the effort of the project shall be directed towards Component 1? If so, does USAID have similar percentage delineations for the remaining components?”

USAID Response: Due to an earmark for work with the Attorney General, only Objective 1 has a percentage delineation. All other components are up to the contractor to propose.

59. Please confirm that summary budgets, and not detailed budgets, per Objective are required (page 116).

USAID Response: Agreed

60. (L.9, B, page 116, **Note). Could USAID please confirm that 40% of total funds is inclusive of staff LOE, activities, ODCs, grants, and associated indirect costs applicable to Objective 1?

USAID Response: Yes, all costs associated with Objective 1 can be covered by the 40% of funds.

61. Could USAID clarify how past performance evaluation criteria referenced on page 124 will be evaluated for projects without recent CPARs? Will USAID consider adding Past Performance Reference Short Forms for those applicable for the purposes of evaluation in addition to the 5-page Past Performance Summary?

USAID Response: Yes, USAID may accept the Performance Reference Short Forms for those organizations that do not have a recent CPARs as long as they include contact information for reference checks.

62. Page 47, Section H.13: Could USAID please confirm that the reference to Code of Federal Regulations 22 CFR 200 meant to cite Code of Federal Regulations 2 CFR 200 for grants under contract?

USAID Response: Yes, that is a mistake. The correct reference should be 2 CFR 200.

63. On Page 47 Section H.13.2, USAID states that they must be “significantly involved in establishing the selection criteria and must approve the recipients” except when the grants are “quite small and are incidental to the Contractor’s technical activities.” Will USAID provide a threshold delineating what constitutes “quite small”?

USAID Response: “Quite small” is the Micro-purchase Threshold as defined by FAR 2.1, as amended ($10,000).

64. Section L.8, Instructions for Preparation of the Technical Proposal: Could USAID clarify if a cover page, acronym list and a one-page table of contents, can be excluded in the page limit.

USAID Response: Yes, it is excluded from page limit.

65. Can USAID confirm that graphics can include a font size smaller than 12-point?

USAID Response: Graphics can be in 10 pt, but no smaller.

66. In Section L.8(C)(3)(3)(B) on page 115, USAID requests “a list of the recent (previous three years) contracts for which you submitted subcontract reports to eSRS (FAR 52.219- 9(d)(10) and a copy of any similarly recent subcontracting reports if they were not submitted to eSRS.” Our hard-copy subcontracting reports for the past three years of SF- 294s total more than 800 pages or 40 MB. In addition to the hard copy SF-294s for projects not registered in the eSRS, we have also submitted individual subcontracting reports through the eSRS for registered projects. Instead of submitting the electronic files, would USAID allow us to submit 10 relevant SF-294 forms not duplicated on the eSRS?

USAID Response: Yes, this is acceptable for the subcontracting reports not uploaded in eSRS.

67. Section L.8 provides up to five pages in Annex E for past performance summary charts.

However, offerors who are not small-business concerns are also asked to provide a narrative summary of the organization’s use of small-business concerns over the past three years, plus associated information. Please confirm the small-business portion of the past performance information annex (i.e., the small-business use narrative, list of eSRS subcontract reports, and small-business references) is separate from the five pages allotted for past performance summary charts.

USAID Response: Yes, it is separate from the 5-page limit

68. Could USAID/Guatemala kindly confirm its preference for non-exclusivity of local partners and personnel?

USAID Response: The Mission’s preference is to not require exclusivity.

Cost Questions

69. Could USAID please clarify if USAID has a local tax exemption in place for Guatemala?

USAID Response: Yes, USAID and its projects have Value-Added Tax exemption. There is not a system in place for projects to be exempted from other types of taxes (i.e. import taxes). Please note that all vehicles are titled to USAID therefore all exemptions can be granted.

70. For costs purposes, can USAID provide a fixed exchange rate for the proposal?

USAID Response: Please use the official rate provided by Banco de Guatemala.

71. For cost purposes, can USAID/Guatemala provide Offerors its most recent local compensation plan/FSN scale?

USAID Response: Pursuant to the most recent local compensation plan, dated June 6, 2010, the following represents the minimum and maximum annual basic compensation paid for different professional CCN levels:

Professional level Minimum annual basic rate

Maximum annual basic rate

Clerical staff Q34,703 Q147,407

Administrative staff Q133,375 Q301,125

Professional [low level] Q230,914 Q357,922

Professional [mid level] Q310,769 Q481,697

Professional [high level] Q354,093 Q548,841

72. For cost purposes, could USAID provide an illustrative start date?

USAID Response: March 2019

73. Attachment J.4: Could USAID provide the condition of and approximate mileage for each of the four (4) vehicles referenced in the Attachment?

USAID Response: All vehicles are in good condition:

2013 Cherokee 89,814Kms 2013 Cherokee 93,104Kms 2009 Ford Escape 175,203 Kms 2008 Ford Explorer 137,228kms

74. Page 49, Section H.17(d) states: “One annual salary increase not more than 5% (includes promotional increase) may be granted after the employee’s completion of each twelve month period of satisfactory services under the contract.” Could USAID please confirm that the five (5) percent threshold can be applicable to the total direct labor pool versus individuals?

USAID Response: Yes, offerors can do that for budgetary purposes.

75. Section H.17 (page 49) limits offerors to annual salary increases of not more than 5 percent after each 12 month period. This restriction may preclude offerors from complying with AIDAR 752.7007, incorporated in Section H.14(a) which states, “Direct compensation of the Contractor’s personnel will be in accordance with the Contractor’s established policies, procedures, and practices, and the cost principles applicable to this contract.” We respectfully request that USAID remove this language from the RFP and allow offerors to issue annual salary increases in accordance with their policies and procedures.

USAID Response: This is standard on USAID Solicitations. While your organization's policy may be different, USAID can apply policy restrictions on what the USG pays for in a contract and this clause doe sallow for above 5% with CO approval.

76. Section H.17: USAID states that individual salaries may not “exceed the employee’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” without CO approval. Could USAID confirm that employee salaries at current established rates do not require CO approval?

USAID response: Please see page 49. Language in initial salaries is different from standard language that requires CO prior approval for all initial salaries.

77. Page 61, Section H.37: could USAID confirm in accordance with AAPD 16-02

REVISED, Section H.37 is not applicable to the supplies and services requested in Section C of the RFP?

USAID response: If the procurement is IT-related but not for Agency use (e.g.

business registry database for host government) then no approval is currently required.

78. RFP Section L.7 (d) Number of Hard Copies states “However, hard copies of the cost proposals only should be submitted one week after the electronic submission by the date stated in Block 9 of the SF 33 cover of this Solicitation.” Please confirm that USAID expects to receive the hard copy submission which must be postmarked no later than five business days after the electronic submission due date as specified in Block 9 of the SF 33.

USAID Response: Agreed.

79. On Page 111, Section L.7.d, USAID specifies hardcopy submission requirements for the cost proposal. Given USAID’s commitment to The Paperwork Reduction Act (PRA)-enacted to minimize the paperwork burden for individuals, small businesses, education and nonprofit institutions, Federal contractors-will USAID please reconsider hard copy submission in addition to the electronic submission?

USAID Response: Budgets can be difficult to read on the computer. We are only asking for one copy. Revisions will be requested electronically.

80. Page 118, Section L.9.B-Indirect Costs notes “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 purposes.” Could USAID clarify if this is applicable? Section B of the RFP does not reference indirect rate ceilings.

USAID Response: Yes, this applies, for those who do not have a NICRA already established.

81. Attachment J3 includes a Disclosure of Lobbying Activities. We assume that this belongs in the cost proposal. Please confirm or clarify.

USAID Response: We confirm this is part of the cost proposal.