Amendment 03 - Solicitation 72052320R00001 HRAA.pdf

1. Standard Form 33 “SOLICITATION, OFFER AND AWARD”, Block 9, the date for submission of sealed offers is modified as follows:

“Technical Proposals Due Date: March 25, 2020 at 5:00 pm Mexico City Time

Cost Proposals Due Date: April 1, 2020 at 12:00 pm Mexico City Time (noon)”

2. Section B.3. entitled “ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT” is deleted in its entirety and replaced with the following:

“B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

CLIN ITEM TOTAL ($)

Technical Assistance

Direct Costs* TBD

Indirect Costs TBD

Grants Under Contract (GUC)

10,000,000

Fixed Fee (FF) TBD

Total Estimated Cost Plus Fixed Fee TBD *Direct Costs include: Salaries, including benefits, STTA, Travel, allowances, procurement, equipment, subcontracts, communications and participant training.

(a) The total estimated cost for the performance of the work required hereunder, exclusive of fixed fee, is $[to be inserted by CO at time of award]. The Total Estimated Cost Plus Fixed Fee for the Period is $[to be inserted by CO at time of award].

(b) Within the estimated cost plus fixed fee specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is $[to be inserted by CO at time of award]. The Contractor will not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of the contract entitled Limitation of Funds- FAR 52.232-22.

(c) Funds obligated are anticipated to be sufficient through [date to be inserted by CO at time of award].

NOTE: The Contractor will not be paid any sum in excess of the ceiling price. The only person authorized to commit or obligate additional funds is the Contracting Officer. Incurrence of costs in excess of the total amount obligated based on directions received from any individual other than the Contracting Officer and without prior Contracting Officer’s approval, will not be reimbursed to the

Contractor.”

3. Section C.6. Objectives, paragraph entitled “Grants under Contracts”, delete this paragraph in its entirety and replace it with the following:

“Grants under Contracts:

The Offeror must describe a proposed Grants under Contracts component aimed at facilitating engagement with partners including local human rights organizations and international forensic organizations. This component must be utilized to strategically advance the expected results of the Activity and be closely coordinated with other USAID (and other donor) programming that strengthens the capacity of local organizations, such as USAID’s Civil Society Strengthening Activity.

Under this contract the Contractor will be able to execute up to $10 million in grants under the resulting contract.

Offerors must comply with the definition in 2 CFR 200.92 regarding Subawards proposed under the Sub-Grant Component, as it relates to awards provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. On this regard, USAID expects Offerors to propose subawards that will help the prime contractor to fulfill specific services or technical assistance to achieve the objectives of the contract, rather than to support the contractor’s own operations under the resulting contract.”

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SOLICITATION/CONTRACT NO. ORDER NO. AMENDMENT NO.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

72052320R00001 03 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=74f8c247fb5c2e5672df209600833d51&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:A:Subjgrp:28:200.92 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=a1ab435b47bfef725e9aec4c35121657&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:A:Subjgrp:28:200.92

4. Section H.17 entitled “ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION”, delete paragraph (a) in its entirety and replace it with the following:

“H.17 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

(a) Limitations:

(1) Salaries and wages may not exceed the Contractor's established policy and practice, including the Contractor's established pay scale for equivalent classifications of employees, which will be certified to by the Contractor.

(2) In addition, there is a ceiling on the reimbursable base salary or wage paid to personnel under the contract equivalent to the maximum annual salary of the USAID established rate for agencies without a certified SES performance appraisal system (AWCPAS) published at http://www.opm.gov/oca/09tables/html/es.asp , as amended from time to time, unless the

Contracting Officer approves a higher amount in accordance with the Agency policy and procedures in ADS 302 "USAID

Direct Contracting."

5. Section H.17 entitled “ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION, delete paragraph (e ) and replace it with the following:

“(e) Consultants

Compensation for consultants will be in accordance with the Total Compensation Plan approved as part of the negotiations of this contract. Consultants’ rates that exceed the approved Total Compensation Plan, as well as the USAID SES established rate (AWCPAS) or the prevailing compensation paid to personnel/consultants performing comparable work in the cooperating country as determined by the Mission Director, will require prior approval of the Contracting Officer or Mission

Director. Requests for waiver to this compensation guidance must be fully justified and will require the approval of the

Contracting Officer.

6. Section L.8 entitled “INSTRUCTIONS FOR PREPARATION OF TECHNICAL PROPOSAL”, delete paragraph A.”General”, in its entirety and replace it with the following:

“L.8 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL PROPOSAL

A. General:

Offerors must organize the Technical Proposal to follow the technical evaluation criteria specified in Section M. The page length of the entire Technical Proposal should not exceed 20 pages exclusive of Annexes and other pages not subject to the page limitation, as indicated below.

Therefore, technical proposals must be organized as follows:

I. Executive Summary

II. Technical Approach

III. Project Personnel and Management Plan

III. Annexes (not included in page limit)

A. Draft Monitoring, Evaluation and Learning Plan (not to exceed 5 pages). See Section F.2.2.6 for information regarding the content of this plan.

B. Resumes (for key personnel only, not to exceed 3 pages per individual)

C. Key Individual Certifications per ADS 206 for all key personnel proposed

D. Project Organizational Chart

E. Past Performance Information (not to exceed 5 pages)

F. Environmental Management Plan

G. Branding Implementation Plan and Marking Plan

H. Mobilization Plan”

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http://www.opm.gov/oca/09tables/html/es.asp

7. Section L.9. Part 2 (4) (A) “Salaries and Wages”, delete the following paragraph

“All Cooperating Country Nationals (CCNs) and Third Country Nationals (TCNs) salaries must not exceed the USAID Local

Compensation Plan (LCP). Approval of the Offeror’s budget does not absolve the Offeror’s duty to request and receive Mission

Director’s approval prior to hiring CCN and TCN personnel whose salaries are above the USAID LCP."

And replace it with:

“Approval of the Offeror’s budget does not absolve the Offeror’s duty to request and receive Mission Director’s approval prior to hiring CCN and TCN personnel/consultants whose salaries/consultants’ rates are above the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission

8. Section L.9. Part 2 (4) (A), “Salaries and Wages, delete the following paragraphs:

“All Cooperating Country Nationals (CCNs) and Third Country Nationals (TCNs) salaries must not exceed the USAID Local

Compensation Plan (LCP). Approval of the Offeror’s budget does not absolve the Offeror’s duty to request and receive Mission

Director’s approval prior to hiring CCN and TCN personnel whose salaries are above the USAID LCP.

Based on the analysis performed by the offeror regarding the professional positions needed for the project, for candidates identified at the proposal stage whose proposed salaries exceed the USAID CST or LCP, the offeror shall include a strong justification for exceeding these two threshold as well as the rationale for proposing an individual whose qualifications are above the positions included in the total compensation plan proposed for this project.”

And replace them with:

“All Cooperating Country Nationals (CCNs) and Third Country Nationals (TCNs) salaries and consultants’ rates must not exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the

USAID Mission. Approval of the Offeror’s budget and approved Total Compensation Plan does not absolve the Offeror’s duty to request and receive Mission Director’s approval prior to hiring CCN and TCN personnel and consultants whose salaries/consultants’ rates are above prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission."

Based on the analysis performed by the offeror regarding the professional positions needed for the project, for candidates whose proposed salaries or consultants’ rate exceed the USAID CST or the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission, the offeror shall include a strong justification for exceeding these two threshold as well as the rationale for proposing an individual whose qualifications are above the positions included in the total compensation plan proposed for this project.”

9. Section L.9. Part 2 (4) (J), “Indirect Costs”, delete paragraph (i) in its entirety and replace it with the following:

“(i) The Offeror and each identified subcontractor/subrecipient must include a complete copy of its most current NICRA or other documentation from its cognizant Government Audit Agency, if any, stating the most recent provisional 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.”

10. Attachment No. 1 to Amendment No. 3, containing Questions and Answers received in response to this Solicitation is included as part of this Amendment.

--End of Amendment No. 3--

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QUESTIONS AND ANSWERS 2

Subject: Request for Proposal No. 72052320R00001 Activity Name: Human Rights Accountability Activity Date of Issuance: February 24, 2020 Questions due: March 9, 2020 at 2:00 pm Mexico City time Technical Proposal due date & time: March 25, 2020 at 5:00 pm Mexico City time Cost Proposal due date & time: April 1, 2020 at 12 noon Mexico City Time NAICS Code: 541990 – All other Professional, Scientific and

Technical Services Amendment No.: 3 – Questions and Answers Issuance date of Amendment: March 17, 2020

NO. QUESTION ANSWER

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

1 The cover letter included in Amendment 1 of the RFP establishes the range for this acquisition project at $10-

24.9 million. However, the RFP still requires a $10 million allocation for Grants under Contracts, as determined in Section B.3. At the same time, this GUC figure is defined as the “minimum amount” to allocate to grants across all components in Section C.6, page

13, whereas Section H.13, page 45, states that “under this contract, the contractor will be able to execute up to $10 million in grants on behalf of USAID”. In this regard, our question is twofold:

Could USAID please confirm that the project range is indeed $10-$24.9 million?

If so, could USAID please also confirm that the $10 million figure corresponds to the maximum ceiling of resources to allocate towards grants under contract?

And would USAID allow offerors the flexibility to use both grants and subcontracts to present a realistic, feasible, and cost-effective approach?

1. Yes, the range is indeed $10-24.9 million

2. Yes, $10 million corresponds to the maximum ceiling of resources to allocate towards grants

3. Yes, flexibility allowed

Section C.6 of the Solicitation is being modified in

Amendment 3 to clarify this question.

2 The RFP establishes a $10 million allocation for grants under contracts (GUC) in Section B.3. However, in

Section C.6, page 13, this GUC figure is defined as the

“minimum amount” to allocate to grants across all components, whereas Section H.13, page 45, states that

“under this contract, the contractor will be able to execute up to $10 million in grants on behalf of

USAID.” Could USAID please confirm that the $10 million figure corresponds to the maximum plug figure offerors should use in their cost proposals? Furthermore, would USAID allow offerors the flexibility to use this

Please see response to Question 1.

Attachment 1 Amendment 3 Solicitation No. 72052320R00001

$10 million for both grants and subcontracts, rather than solely grants under contract? This would allow offerors to select the most appropriate and cost-effective mechanism to achieve HRAA’s expected results.

3 The summary budget referenced in section B.3 details

Direct Costs as a budget line item, which should include

“salaries, including benefits, STTA, travel allowances, procurement, equipment, subcontracts, communications and participant training”. The Summary Budget also includes Technical Assistance as a budget line item which would normally include some items listed under

Direct Costs such as STTA. Can you please confirm what costs should be included in the Technical

Assistance budget line item?

Section B.3. is being modified in Amendment 3 to clarify that the “Technical Assistance” is the title of

CLIN 0001 and not a separate budget line item.

4 Section B.9, Payment of Fixed Fee, states that payment of fixed fee will be tied to deliverables and provides an illustrative table of a fee schedule. Can you please confirm if a detailed fee schedule should be submitted with the cost proposal, or if this will be negotiated post-contract award?

Offerors are expected to submit as part of the technical and cost proposals, a detailed fee schedule based on

Deliverables detailed in Section F.2 and any other deliverables each offeror proposed based on their technical approach.

SECTION F – DELIVERIES OR PERFORMANCE

5 Section F.2.2., page 27, states that “the quarterly reports must also include a brief description of security challenges faced during the reporting period and actions taken to mitigate the risk for project staff, consultants and beneficiaries, as well as steps taken to report incidents in a timely manner to the COR and CO.” A requirement to manage security risk of beneficiaries is quite significant in terms of liability, with substantial cost implications. Could USAID please confirm that

USAID is not expecting that the winning offeror will have to mitigate beneficiary risk, beneficiaries understood as “target beneficiaries” as defined on page

14 of the RFP?

USAID does not expect the winning offeror to be liable

- legally or otherwise - for the physical safety of project beneficiaries. However, through analysis and conscientious planning, the project approach should incorporate awareness of and consideration for local security conditions. Activity decisions should reflect this, and where possible, mitigate risk for involved parties.

6 Section F.7, page 34, states that the deputy chief of party “will be responsible for all day-to-day project operations, grants, and subcontracting professionals.”

However, this scope of work focused on project operations contrasts with the minimum requirements defined for this same position, which are more technical in nature (e.g., significant experience working with senior government officials). Would USAID please consider either 1) removing the language about the deputy chief of party’s responsibilities to give offerors that flexibility to align the deputy chief of party’s role with the management strategy, or 2) revising the minimum requirements for this position to focus more on the grants, subcontracts, and operations experience necessary to succeed in the role?

The qualification profiles for both the COP and DCOP still stand; however, USAID agrees that Offerors should have the flexibility to align the roles and responsibilities of the COP and DCOP with the management strategy.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

7 Section H.17 (a) (1) notes that:

“Salaries and wages may not exceed the

Contractor's established policy and practice, including the Contractor's established pay scale for equivalent classifications of employees, which will be certified to by the Contractor.

Nor may any individual salary or wage, without approval of the Cognizant Contracting

Officer, 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.”

USAID/OAA has separately (outside of this solicitation) instructed all contractors to use the new biodata form posted on USAID’s website. To comply with this new biodata form, contractors are no longer required to request a candidate’s salary history information. As such, contractors cannot respect the above clause under H.17 in the solicitation, as respecting this clause would first require contractors to ask for and record a candidates’ salary history. We respectfully request the removal of the gray highlighted part of the clause above as contractors will not be able to follow this requirement and at the same time follow USAID’s guidance to use the most recent biodata form.

In order to comply with the new Contractor Employee

Biographical Data Sheet Policy, reference to requiring offerors/contractors to request candidate’s salary history information will be deleted from Section H.17 in

Amendment 3 of this Solicitation.

EBD new guidance:

https://notices.usaid.gov/notice/53859

8 Section H.17 (e) states “No compensation for consultants will be reimbursed unless their use under the contract has advance written approval of the

Cognizant Technical Officer”. We respectfully request that the requirement be modified to require approval from the Contracting Officer’s Representative only if compensation does not fall within the proposed and approved salary scale and compensation plan.

Section H.17 (e ) is being modified in Amendment No.

3 of this Solicitation.

Compensation of consultants will be considered approved if the proposed daily rate is in accordance with the Total Compensation Plan approved as a result of the negotiations of the resulting contract.

Compensation of consultants that exceed the USAID

Contractor Salary Threshold, the prevailing compensation paid to personnel/consultants performing comparable work in the cooperating country as determined by the USAID Mission Director or the approved Total Compensation Plan of the Contract, require prior USAID’s Contracting Officer and Mission

Director's approval.

In addition to the requirement for prior approval of consultants’ rates mentioned above, for those consultants not identified by the time of the award, the

COR must provide technical concurrence (not https://notices.usaid.gov/notice/53859 consultant rate approval) prior to assignment of consultants under the resulting contract.

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

9 Section L.8, page 145, requires that offerors include the mobilization plan as an annex to the Personnel and

Management plan. This annex, however, is not listed as part of the annexes referenced on page 143. Could

USAID please confirm that the mobilization plan should be presented as Annex H and that this annex does not count against the page limitation?

The Mobilization Plan is added to the Table of Content included in Section L.8.A. as an additional Annex as part of Amendment 3 of this Solicitation. Additionally, the Mobilization Plan does not count against the overall

20 page limit for the technical proposal.

10 The Mobilization Plan listed on page 147 (145 of amendment 1) was not included in the Table of

Contents on Page 145 (143 of amendment 1), can

USAID confirm whether a draft Mobilization Plan should be included?

See the answer to Question # above.

11 Section L.8, page 143, states that a preliminary

Monitoring, Evaluation, and Learning (MEL) Plan must be included as part of the technical approach.

Could USAID please confirm that such MEL plan will be evaluated under Factor 1 – Technical Approach?

The preliminary MEL plan will be evaluated under

Factor 1 - Technical approach.

12 Section L.8, page 143, references a “required HRAA

Gender and Social Inclusion Plan.” However, this plan is not listed in the annexes to be included in the proposal, nor is it mentioned in Section F.2.2., page 25.

Could USAID please confirm that this Gender and

Social Inclusion Plan should be developed and presented to USAID after award?

The winning offeror will be required to develop a

Gender and Social Inclusion Plan. This requirement does not apply to technical proposals at this stage, however Offerors should still address and consider how gender generally informs their overall technical approach in the proposal.

13 Section L.8, page 146, requires offerors to include an

“illustrative budget for implementing the environmental compliance activities.” Could USAID please confirm that this cost information should be excluded from

Annex F, Environmental Management Plan, which will be presented in the technical volume, and rather be presented as part of the cost narrative in the cost volume?

Illustrative budgeting for implementing environmental compliance activities, if applicable, should be included in the offeror’s cost proposals.

Annex D - Environmental Management Plan should still be included as part of the Technical Approach. Any reference to cost related to this Plan must be included in the detail cost proposal.

14 Section L.9 (Part 2) (4) (A) of the RFP requires offerors to adhere to a Local Employee Compensation

Plan. We respectfully request that the above-mentioned salary restriction be removed from the RFP as it appears to be inconsistent with AIDAR 752.7007

Personnel Compensation, incorporated in the contract under Section H.14, which stipulates that personnel compensation be in accordance with the contractor’s established policies, procedures, and practices, with reimbursement subject only to the USAID Contractor

Salary Threshold. The salary restriction above may preclude contractors from following their established policies, procedures, and practices, as required by

Reference to offerors adherence to the USAID local

Employee Compensation Plan will be deleted from this paragraph.

To comply with the requirements of AIDAR 752.7007 and 722.170 (setting aside Mission Director/AA approval of an exception under 722.170(b), the contractor must provide adequate information and justification in the cost proposal for USAID to determine the reasonableness and allowability of CCN-

TCN compensation.

AIDAR 752.700.

15 In the revised RFP published on February 27th, in

Section L.8, page 142, USAID included the Executive

Summary in the 20-page limitation for the technical proposal, whereas it was originally excluded in the page limitation of the 30-page count referenced in the original

RFP. Would USAID please clarify whether a two-page

Executive Summary is excluded from the 20-page count?

The 20-page limitation for the technical proposal is inclusive of the two-page Executive Summary.

16 Given the reduced page count required by Amendment

1 to the HRAA RFP for the technical proposal, would

USAID kindly consider allowing offerors to present text in boxes and tables in 10-point Arial font?

Offerors may present text in boxes and tables in 10-point Arial font.

17 Regarding the Personnel and Management Plan, the

RFP states in Section L.8.C.2 (RFP Amendment 01 p.

143-44) that Offerors must provide a clear description of the proposed organizational chart. The proposal must include staffing roles and responsibilities and describe skill sets for proposed personnel and subcontractors with defined lines of management, supervisory authority, and technical responsibilities to ensure an adequate management structure for the implementation of the proposed approach.

Question: We understand that the technical approach must provide a clear description of the proposed organizational chart. Will USAID allow offerors to present “staffing roles and responsibilities and describe skill sets for proposed personnel and subcontractors with defined lines of management, supervisory authority, and technical responsibilities to ensure an adequate management structure for the implementation of the proposed approach” as an annex due to the page limitation of the technical approach?

Yes. USAID agrees that Offerors may present - as it pertains to describing the proposed organizational chart

- “staffing roles and responsibilities and describe skill sets for proposed personnel and subcontractors with defined lines of management, supervisory authority, and technical responsibilities to ensure an adequate management structure for the implementation of the proposed approach” as an annex.

18 Section L.9, Part 2(3) of the RFP requests the most recently negotiated indirect cost rate agreement

(NICRA) for all proposed subcontractors. However, Section L.9, Part 2 (4)(J)(i) requests this information for “each major subcontractor.” Can USAID confirm that the contractor must only provide a NICRA for major subcontractors?

USAID confirms that Offerors must provide a NICRA for all identified subcontractors or subrecipients.

19 Section L.9, Part 2(H) states that offerors included in the competitive range will be required to submit a small business subcontracting plan in accordance with

FAR Part 19. 4 Can USAID confirm that a small business subcontracting plan is not required to be submitted in the offeror’s original proposal?

USAID confirms that Offerors included in the competitive range will be required to submit a small business subcontracting plan in accordance with FAR

Part 19. The small business subcontracting plan is not required to be submitted in the Offeror’s original proposal.

20 Per Section L.9, the RFP requires offerors to include value added tax (VAT) in the unit costs of projected expenses. We respectfully request clarification on the

The Government of Mexico does not have a system to exonerate international donors like USAID of the VAT intention of this pricing methodology as it is inconsistent with how VAT has been priced in cost proposals in the past costs. Therefore, Offerors must include the VAT in the unit costs of projected expenses.

Section L.9, Part 4 – Policies and Procedures states

“Upon request of the Contracting Officer, the Offeror will submit policies and procedures, especially regarding salary scales, fringe benefits, merit increases, promotions, leave, differentials, travel, procurement and per diem, etc.” However, Section L.9

(4)(A) states “The offeror’s budget note for the annual salary increase must reference the section(s), page and paragraph number(s) of the offeror’s compensation policy underlying the proposed annual salary increase.” Can USAID clarify if the offeror is required to submit our policies and procedures?

Policies and Procedures related to the Offeror’s Total

Compensation Plan for the proposed project must be included as part of the Cost Proposal, especially regarding salary scales, fringe benefits, merit increases, differentials and promotions, if these are part of the

Offeror’s Total Compensation Plan. Policies and

Procedures related to other systems are not required to be submitted.

Section L.9(1) on page 163 of Amendment 1 states that the Summary Budget should coincide with the

CLIN budget template specified in Section B.

However, the summary budget in Section B.3 on page

1 includes only CLIN 0001, Technical Assistance.

There are no other mentions of CLINs within the solicitation. Would USAID consider removing all references to a CLIN Budget since there appears to be only one CLIN for this activity?

The Summary Budget should coincide with the CLIN budget template specified in Section B, which includes four major sub-line items: Direct Costs, Indirect Costs, Grants under Contracts and Fixed Fee.

The Detailed Budget should include all traditional line items: Salaries, including benefits, STTA, Travel, allowances, procurement, equipment, subcontracts, communications and participant training, indirect costs, Grants under Contracts, and Fixed Fee.

Section L.9.1 requires an original signature on the SF-

33. Could USAID please confirm the acceptability of an electronic signature for the SF-33?

Electronic signature of SF 33 will be accepted

OTHER

24 With two RFPs due March 25, 2020, and many firms interested in responding to both opportunities, will

USAID consider extending the deadline for RFP

SOL#720523R0001 by one week or more?

The due date for submission of the Technical Proposals will remain on March 25, 2020 at 5:00 pm, Mexico

City Time.

However, the due date for the submission of cost proposals is being extended in this Amendment No. 3 to the Solicitation as follows:

Cost proposals are due on April 1, 2020 at 12:00 noon Mexico City Time.