3. SRG2 Pre-solicitation Workshop Q&A.docx

SEED RURAL GROUP 2 PRE-SOLICITATION WORKSHOP

TUESDAY 8 MARCH 2022

QUESTIONS & ANSWERS

1) Is there an exemption for Import-duty and VAT on this contract?

Answer: Under the bilateral agreement between the Government of Malawi and US Government, VAT and Import-duties are waived. The Malawi Revenue Authority (MRA) modalities will be discussed after the award. Please note that duties are only waived for the duration of the project and must be claimed quarterly. If items are purchased duty free that have a useful life longer than that of the project, pro-rated duties will have to be paid upon completion of the project if the item is to remain in Malawi.

2) Is there a fee to register on sam.gov?

Answer: There is no fee required when registering with SAM.gov( www.sam.gov ). Please note that by April 4, 2022, the DUNS number will stop being used to uniquely identify entities. Contractors will use a Unique Entity ID (UEI) created in SAM.gov. Current SAM.gov registrants have already been assigned their UEI and can view it within SAM.gov. New registrants will automatically receive a UEI once they complete their entity registration in SAM.gov.

3) What bidding process outlays can be reimbursed?

Answer: None. The bid price must include contractor cost to complete the work, including overhead and other expenses. The final bid price will become the firm fixed price to deliver the work.

4) Can a bidder bid on both small lots for SEED Rural Group 2?

Answer: Yes, but no more than one award may be made to an offeror bidding on the small lots.

5) Is the bidder informed at the end of the technical review whether his technical proposal has ‘passed’ or not?

Answer: Yes. All bidders, regardless of whether they pass the technical evaluation stage are informed in writing. Those that do not pass will receive a brief description of the areas in which the bidder did not meet the requirements stated in the RFP document.

6) Will the set-aside lots be reserved for indigenous Malawians?

Answer: The terminology for offerors that propose for the smaller lots eligibility will be based on descriptions as in the Malawi National Construction Industry Act (1996).

7) Are there any plans to provide higher-education facilities for those who graduate from these new schools?

Answer: USAID has no plans at present to provide higher-education facilities.

8) Will the schools have solar power?

Answer: The schools will be prepared to receive electrical wiring and power, but solar power systems will not be provided by USAID.

9) How will a fixed priced bid take into account the current volatility of material and transport costs in Malawi?

Answer: The contract will be paid for and quoted in US $. This will cover internal variations in price. External risks (for the life of the project) must be borne by the bidder and covered in their bid.

10) If experience in building schools is one of the criteria, isn’t this unfair to those bidders who have successfully completed larger and more complex projects than building schools?

Answer: Similar or more complex projects will receive due credit. Lack of experience in building schools is not considered a deficiency. The relevant issue here is proven ability to manage a similar building project of the approximate size/amount and complexity previously, which doesn’t necessarily need to be school.

11) The legal instrument for a joint-venture may not be available before the bid proposal, nor the NCIC JV registration.

Answer: All documentation and certification must be in place before the award. Proof of intent (e.g. application) is the minimum requirement to be submitted with the bid.

12) Does USAID adhere to the 70-30 split mandated by the NCIC for JVs with foreign partners? What of foreign partners who use local partners to win a bid and then dump them?

Answer: USAID requires bidders to comply with all Malawian construction laws. The NCIC regulations are policed by the NCIC and not by USAID. Our current understanding of the NCIC regulations is that a JV isn’t required, but 30% subcontracting with Malawian firms is. Under the SEED bilateral agreement USAID does not use Malawi Government procurement procedures.

13) How will the BOQ allow for varying depths of boreholes?

Answer: All site packages will indicate both the exact location (drawings) and the specific depth (BOQ) of the borehole for each site for pricing.

14) Can bids be submitted earlier than the tender date to reduce the risk of transmission failure on the day?

Answer: Bids can be submitted earlier. There is no penalty for this and bid information will remain confidential. Bidders are encouraged to submit early to reduce the risk of transmission failure due to internet connectivity problems. All proposals are evaluated at the same time after the deadline.

15) There have been issues in past projects with the local communities. What are the plans for community liaison?

Answer: Every community has formed a construction management committee who have been trained to liaise between the contractor and the community. The CMC firm, Tetra Tech, will be the point of contact for the contractor for all matters concerning the community. In addition, Tetra Tech has an active and involved community liaison team that is available to step in whenever needed.

16) If the cells in the BOQ excel files are locked how do we insert new formulae?

Answer: Formulae are locked and are ‘view only,” for checking. They are distributed in that manner so that USAID can compare “like” pricing. The formulas have been researched and planned diligently for the use of all offerors. If the contractor disagrees with the quantity shown, they should address that during the question-and-answer period of the solicitation. At that time, USAID can address the specifics of the problem, as answers are specific to individual questions and specific details.

17) Are the 3 key personnel required for each site?

Answer: No. The 3 key personnel are required for the award. These will remain in place for the duration of the contract unless permission to substitute is granted by the Contracting Officer.

18) Can we submit a link for the proposal (i.e., providing a portal?) Can we resubmit more than once?

Answer: A link is NOT acceptable. Submissions must be by email to USAID, listed in the solicitation. Multiple submissions are acceptable. It is advised that the submission be made as multiple sequentially numbered emails to limit email size. Maximum email size allowable will be indicated in the instructions of the solicitation. It is advised to bidders that they should confirm via email that USAID received their complete bid.

19) Regarding site conditions. What if surveys are wrong? For example, if rock is found sub-surface?

Answer: There is an extra work allowance in the site BOQ for each site. In addition, there are several contract clauses that address unforeseen conditions etc. Since there have been extensive studies and designs undertaken at each site, it is expected that unforeseen conditions will not be common.

20) Design proposals. Is there the possibility for alternative design proposals? Is there flexibility?

Answer: The bidder is required to bid on the design provided. This is to ensure that all the bids have the same basis for evaluation. Questions and answers regarding the design must be submitted in the question-and-answer period defined in the solicitation. There may be possibility of minor design changes later if necessary and mutually acceptable.

21) Can all the sites go to a single contractor?

Answer: As published in the synopsis there are 4 lots of sites, two large lots of 20 and 19 school sites and two smaller lots of 6 and 6 school sites. Foreign contractors may not bid for the smaller lots, and the 2 smaller lots shall not be awarded to the same contractor. Therefore, we anticipate between 3 and 4 contracts will be awarded for SEED Rural Group 2 sites.

22) Do the submittals and shop drawings have to be included in the bid submission?

Answer: No. Submittals and shop drawings shall be submitted to a mutually agreed schedule after an award.

23) Will payment be made monthly according to quantities as measured?

Answer: Payment will be made monthly based on a mutually agreed schedule of values by % of work completed for a specific task. Vouchers will be checked by Tetra Tech and payment approved by the COR.

24) What is the possibility of project extensions?

Answer: It is USAID’s intent that the project will be completed on time. We do not anticipate extensions to the timeline.

25) Will there be a pre-bid conference? Will there be an opportunity for more questions?

Answer: A pre-bid conference will be scheduled after the RFP is posted; all attendees to the pre-solicitation meeting will be notified and the conference will be advertised in the press as well as on SAM.gov. There will be a fixed period after the conference for the submission of questions, and the responses to all questions will be posted publicly on SAM.gov.

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