Amendment 01 SSPA RFP 72061720R00008 02082021.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 9

2. AMENDMENT/MODIFICATION NO.

No. 1

3. EFFECTIVE DATE

2/8/2021

4. REQUISITION/PURCHASE REQ. NO

REQ-617-20-000026

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (IF OTHER THAN ITEM 6) CODE

U.S. Agency for International Development/Uganda Office of Acquisition and Assistance

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State, and Zip Code)

TO ALL OFFERORS

9A. AMENDMENT OF SOLICITATION NO.

72061720R00008

9B. DATED (SEE ITEM 11) 1/8/2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE: n/a FACILITY CODE: n/a 10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered, solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended 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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OF YOUR ACKNOWLEDGMENT 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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If Required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO., AS DESCRIBED IN ITEM 14

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

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43,103 (b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

The purpose of this amendment 01 is to update submission deadlines on the cover sheet of the RFP. Specifically, the RFP is amended to:

1) Extend the Questions submission deadline from January 25, 2021 to no later than March 1, 2021, 4:00 p.m. Eastern Standard Time;

2) Extend the Contractor Past Performance Information submission deadline from February 8, 2021 to March 8, 2021, 4:00 p.m. Eastern Standard Time;

3) Extend the Proposal submission deadline from February 22, 2021 to no later than March 17, 2021, 4:00 p.m. Eastern Standard Time.

And

4) Provide USAID's response to Questions submitted till date in response to this RFP.

Offerors may also expect changes in the RFP that will be posted in a subsequent amendment.

See continuation pages.

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

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

BRIAN AARON

15B. CONTRACTOR/OFFEROR 15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA 16C. DATE

SIGNED

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

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

Previous Edition Unusable Prescribed by GSA FAR (48 CFR) 53.243

Richard Aaron

Digitally signed by Richard Aaron Date: 2021.02.08 13:28:40 +03'00'

2/8/21

INSTRUCTIONS

Instructions for items other than those that are self-explanatory, are as follows:

(a) Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date)

(1) For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

(2) For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

(3) For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

(4) For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

(5) For a modification confirming the contacting officer’s determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor’s name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Item 9. (Amendment of Solicitation No. – Dated) and 10.

(Modification of Contract/Order No.-Dated). Check the appropriate box and in the corresponding blanks insert the Number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Date). When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.

(1) Accounting classification………..

Net Increase $………

(2) Accounting classification ……….

Net Decrease $……….

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words “See continuation sheet.”

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103).

Item 14 (Description of Amendment/Modification).

(1) Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

(2) Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $…….

(ii)Total contract price decreased by $…… (iii)Total contract price unchanged.

(3) State reason for modification.

(4) When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

(5) When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited –

(i) A reference to the letter determination; and (ii)A statement of the net amount determined to be due in settlement of the contract.

(6) Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer’s signature is not required on solicitation amendments. The contracting officer’s signature is normally affixed last on supplemental agreements.

STANDARD FORM 30 (Rev 10-83) BACK

Amendment No. 01 72061720R00008, USAID Strengthening Systems and Public Accountability (SSPA) Activity

Questions and Answers

GENERAL:

1. RFP Reference: Throughout the RFP

Page Number: Various

Question: Can USAID confirm that we should replace all instances of DFID with UKAID or Foreign, Commonwealth & Development Office (FCDO)?

Response: Replace all instances of DFID with UKAID. Necessary amendment to RFP will follow.

SECTION B:

2. RFP Reference: Section B.4, Budget and Section 6.0 Grants Under Contract (GUC)

Page Number: Pages 6-7 and 30 Relevant RFP Language: Section B.4 indicates “The total budget for Grants Under Contracts to local entities is limited to $8 million and does not include any relevant management or administrative expenses incurred by the Contractor.” Section 6.0 GUC indicates “…a minimum of $8,000,000 (not including administrative costs to oversee the grants) in small grants…”

Question: May USAID please confirm that the Grants Under Contract line item should not exceed $8,000,000?

Response: Yes; All offerors must use a plug figure of $8,000,000 for the Grants Under Contract line item.

3. Question: In Section B.4, the RFP states that the Grants Under Contract CLIN is not to exceed

$8 million for the life of the activity. In Sections C.6.0 and L.7, however, the RFP states that offerors must include a minimum of $8,000,000 for Grants Under Contract as part of their Total Estimated Cost. Would USAID kindly clarify the budgetary expectation for the Grants Under Contract CLIN?

Response: All offerors must use a plug figure of $8,000,000 for the Grants Under Contract line item.

4. Question: Section B.6, Ceiling on Indirect Costs, page 7, requires offerors to propose ceilings for their indirect rates. We are deeply concerned about the issue of cost recovery given uncertainties affecting international development during the COVID-19 pandemic. In forecasting indirect cost rates for a five-year period, the contractor must make assumptions about the volume of work that will be generated by USAID, which represents the base for indirect cost rates. At this time, organizations are facing an unprecedented future, with uncertainty about where infections may spike, when vaccines may be available – and if they will be widely available in developing countries, how work will continue to be adapted, if travel will be possible, to name only a few. All of these factors are outside the manageable control of contractors and their impact and timing cannot at this time be reasonably estimated.

Given the fact that we may be facing significant, as yet unknown, events that may have substantial impacts on indirect cost rates, and given that the US Government has been clear that it intends for reasonable, allowable and allocable costs due to COVID-19 to be recoverable contract costs, which includes indirect costs, we respectfully request that the requirement for indirect cost ceilings be removed from this solicitation. Instead, we request that contractors be allowed to recover their indirect costs in accordance with their US Government Negotiated Indirect Cost Rates applicable at the time.

Response: This question will be addressed in the next amendment.

SECTION C:

5. Question: Section C 4.3.2, Increased citizen engagement to combat wildlife crime-related corruption, page 22, states: “SSPA could promote greater transparency in the sector by supporting an audit of the ivory stockpile" as an illustrative activity under Objective 2. Given that Objective 2’s primary focus is on local governments and municipalities, whereas Objective 3’s focus is on national anti-corruption and accountability institutions, could USAID kindly clarify whether this illustrative activity is meant to be placed under Objective 2 instead of Objective 3?

Response: Increased citizen engagement to combat wildlife crime-related corruption is a cross-cutting issue for all three objectives.

6. Question: Is there a definite scope for the work on extractives governance and if so, what is it?

Response: Work on extractives is covered under Cross-Cutting Targeted Sector 4.3.1, Participation, transparency, and Accountability in Natural Resource Governance and Extractive Sector. Please refer to page 19 of the solicitation.

7. Question: Is the scope for the work on Refugee Hosting Districts restricted to the Northern

Uganda and Albertine Region?

Response: We have proposed national coverage with specific emphasis on some regions.

Please review all documents in the solicitation.

8. Question: Who are the eligible entities for the USD 8 million are they strictly indigenous organizations or also INGOs that are nationally registered?

Response: The detailed plan for the small grants to non-state actors, including CSOs, CBOs, private sector associations and community associations, will be defined in the Grants Manual during implementation.

9. Question: Is there a consortium limit in applying for this opportunity?

Response: Please review instructions in the RFP, Section L.7 Instructions of the Preparation of the Cost Proposal, Annex Part 5, Joint Venture Information on page 126.

SECTION F:

10. RFP Reference: F.5

Page Number: 39-42 Relevant RFP Language: Quarterly performance reports are due 30 days after the fiscal quarter.

Question: Will USAID consider not expecting the Q4 report to be part of the annual draft report?

Response: 4th QPR is part of the Annual Report and therefore must be included in any draft.

11. RFP Reference: F.5

Page Number: 39-42 Relevant RFP Language: “Annual report draft is due 30 days before the end of contract year.”

Question: Will USAID change this language for the draft to be due 30 days before the end of the fiscal year rather than contract year?

Response: No change in RFP terms. The Quarters follow the fiscal/calendar quarters i.e. Oct

- Dec, Jan - Mar, Apr - Jun, Jul - Sept and not Contract year quarters. A quarter may be adjusted later depending upon the contract award date; however, contract year will not change.

SECTION H:

12. Question: Would USAID consider changing the language in Section H.7, bullet 9, to say, “All grants must be completed at least one month prior to the end of the contract,” to allow flexibility in the last year of programming while providing time to close out remaining grants?

Response: RFP Sec H.7 will be amended to “four” months prior to the end date of contract.

13. Question: Section H.13 makes reference to ADS 548. Offeror has been informed that, effective September 30, 2016, ADS Chapter 548 has been archived and will no longer apply.

Offeror respectfully requests that Section H.13 be removed in its entirety.

Response: Amended RFP will follow.

14. Question: Section H.20.2 makes reference to an umbrella Initial Environmental Examination that was approved in August 2015. Would USAID kindly confirm that this examination covers the SSPA Activity? If so, would USAID kindly provide the document as an attachment to the RFP?

Response: Updated IEE is available and covers SSPA activity. USAID will provide the IEE as an attachment.

SECTION I:

15. Question: Under Section I, would USAID please clarify the applicability of FAR 52.232-32, Performance-based Payments, as the type of the intended contract is CPFF-term? Because the contractor is to provide the required level of effort under Section F.7, FAR 32.1000 (a), performance-based payments generally do not apply to payments under cost-reimbursement contracts. Because this FAR clause is not applicable to this contract type, we request that it be removed from the list of clauses incorporated by reference.

Response: Amended RFP will follow.

SECTION J:

16. Question: Attachment J.16 (2019 LCP Summary) is not formatted in a way that displays the compensation ranges matched against the appropriate grades. Would USAID kindly provide an updated table with clearer formatting?

Response: The correct table will be included in this Amendment.

SECTION K:

17. Question: With regards to Section K.15 and K.16 of the RFP, pages 109-112, which incorporate FAR 52.204-2 and Section 889, Covered Telecommunications and Video Surveillance Services or Equipment under FAR 4.2104, we have the following questions:

a. Does USAID have any additional information or instruction related to the Section 889

Foreign Assistance Waiver that USAID received from the Director of National Intelligence (DNI), which expires on September 30, 2022?

b. USAID, through its own efforts as well as a recipient of information provided by many implementing partners in-country is in the position of having more information than any one Offeror is likely to have. Specifically related to basic services of cellular telephone and internet service providers (ISPs) that all offerors will need to use in the implementation of this project, if it is already known by USAID that providers in-country use covered technologies, could USAID please provide this information to Offerors?

Response: a) This issue will be addressed in Amendment No. 2.

b) USAID/Uganda does not have this information; and advises offerors to use capability at their disposal to find out regarding providers using covered technology.

SECTION L:

18. RFP Reference: L.6.1

Page Number: 117 Question: For Past Performance, does USAID want only Annex 9 to be submitted in advance, on February 8? Should the 35-page technical proposal due on Feb 22 also include information on Past Performance?

Response: Past Performance is not required to be included in the 35-page technical proposal, as it is submitted at an earlier date.

19. RFP Reference: L.5.d

Page Number: 116

Question: May USAID consider increasing this limit to 25 MB or more to minimize the number of emails and breaking up the submission?

Response: No.

20. RFP Reference: L.6.2

Page Number: 119

Question: In Section L.6.2.9 (page 119) USAID suggests that bidders "propose Program Areas and Program Elements for each objective." However, under section C4.4 (pages 24 and 25), USAID states that bidders should apply the Program Area Democracy, Human Rights and Governance, and Program Elements DR2 Good Governance, and DR3 Political Competition and Consensus Building.

Does USAID expect bidders to propose and link additional Program Areas and Program Elements to the SSPA Objectives, or simply follow guidance presented in section C.4.4?

Response: Under Section C.4.4 (pages 24 and 25) reference is made to the F. Framework for Indicators purposes only, that will be used to measure results for each objective; there are no additional Program Areas or Program Elements to the RFP scope.

21. RFP Reference: Section L – Factor 3

Page Number: 120

Relevant RFP Language: i. List, in Annex 9 to the technical proposal, up to five of the most recent and relevant contracts for efforts similar to the work in the subject solicitation using the format at J.17. USAID will initially determine the “relevance” of similar performance information. The indicators for “relevant” past performance information are contracts of similar size, scope and complexity, and skills/expertise required of Key Personnel, and how recently they were performed. The Offeror’s performance information determined to be relevant will be evaluated in accordance with the elements stated in M.2.3.

Question: May USAID please confirm that the correct reference is J.15 for the past performance annex (Annex 9)?

Response: Correct reference is J.15. Typo error is regretted; amended RFP will follow.

22. RFP Reference: L.6.1

Page Number: 118 Relevant RFP Language: Annex 9: Past Performance Information, include up to five of the most recent and relevant contracts for efforts similar to the work in the subject solicitation (Not to exceed 5 pages for Prime and 3 pages for each subcontractor)

Question: May the offerors provide 5 pages for prime past performance reference, and 3 pages per each sub-contractor past performance reference? Or, does USAID expect these to be the total number of pages provided?

Response: RFP states “3 pages for each subcontractor” i.e. 3 pages times the number of sub-contractors proposed.

23. RFP Reference: L.6.2.C

Page Number: 120 Relevant RFP Language: List, in Annex 9 to the technical proposal, up to five of the most recent and relevant contracts for efforts similar to the work in the subject solicitation using the format at J.17.

Question: May USAID please confirm that offerors may include cooperative agreements as well in their past performance references?

Response: No. Because Assistance instruments do not compare to the Contracts. Pursuant to FAR 42.15 which requires that agencies prepare such evaluations for “contracts of the size and type” and "use" (recent) evaluations of past performance stored in PPIRS in consideration of agency past performance evaluations in source selection decisions;

Cooperative Agreements cannot be considered in Acquisition evaluations.

24. RFP Reference: L.8

Page Number: 128

Relevant RFP Language: In accordance with Section D of this solicitation, the Offeror must submit and negotiate a Branding Implementation Plan (BIP) and a Marking Plan (MP). The BIP will be included in and made a part of the resultant contract.

Question: Can USAID kindly confirm that offerors are not required to submit a Branding and Marking plan as part of the proposal due on February 22? If offerors are required to include a Branding and Marking plan, should it go in the Cost Volume or the Technical Volume?

Response: See L.8. Offerors are required to submit a Branding and Marking Plan as part of the Cost proposal.

25. RFP Reference: Section L.5(d)2

Page Number: Page 116 Relevant RFP Language: Offerors must provide proposals in compatible MS Word AND PDF with Optical Character Recognition) and budgets as text accessible, Unprotected Unlocked Excel spreadsheets with formulas intact and linked to each Tabs, as to allow calculation across the spreadsheet.

Question: Could USAID please reconsider the requirement for Word format cost proposals, as many of the documents that make up cost proposals, such as signed SF 1420-17 forms, completed Representations and Certifications, etc.) are not compatible with Word format?

Would text accessible PDF cost proposals with Optical Character Recognition be considered sufficient?

Response: No change. It is suggested to submit separately the signed pages (e.g. SF 1420- 17 forms, Sec K signed, etc.) from the word format cost proposal.

26. RFOP Reference: L.6.1, #6e

Page Number: 117 Relevant RFP Language: Dividers throughout the document as appropriate Question: Can USAID please confirm that dividers do not count against the page count?

Response: Dividers do not count against the page count.

27. Question: Section L.6.2.C addresses past performance (Factor 3: Past Performance). In addition to the Past Performance Indicators (Annex 9), does USAID envision that offerors also will submit a separate narrative that details past performance as part of Factor 3? If yes, will this narrative be within the 35-page limit? Additionally, if a narrative to accompany the indicators is envisioned, is it expected to be submitted with Annex 9 by February 8, or with the other narrative sections on February 22?

Response: No; USAID does not require offerors to submit separate narrative except as per instructions on page 121, under “e” -Offerors must provide an explanation for the currency and relevance of its Past Performance to the proposed acquisition. AND as per instructions elsewhere and on page 118 of the RFP - “Note: Annex 9 & 10 to be submitted at an earlier date as specified in the Cover letter.”

28. Question: Section L.7.5.I states, “Offerors must not charge any fee on the funds provided for grants.” This appears to be inconsistent with FAR 15.404-4 and ADS 302.3.6.9, which state, inter alia, that pre-negotiation fee objectives must be determined according to a structured approach that considers contractor effort, risk, and other special factors. Grants require significant effort to administer, and they carry risks for the contractor. Additionally, the statutory underpinnings of fixed fee at 10 USC 2306(d) and 41 USC 254(b) discuss fee definitions and limitations in terms of total estimated cost, which would include grants in this case. Considering this, we respectfully request that USAID reconsider its agency pre-negotiation fee objective of zero percent on grants and allow offerors to charge a fee that is reasonable and consistent with federal regulations.

Response: No change.

29. Question: Section L.6.2, Technical Proposal Format, page 118, states that the technical proposal should be no more than 35 pages, excluding annexes, and must be organized as follows: technical approach, management approach and staffing plan, and past performance.

It also states the past performance is to be “submitted at an earlier date specified in the cover letter.” Section L.6.2. C, Factor 3, Past Performance, page 120, states that offerors should “list in Annex 9 to the technical proposal, up to five of the most recent and relevant contracts for efforts similar to the work in the subject solicitation…” Could USAID please clarify whether the past performance section of the technical approach is the same as Annex 9- Past Performance Information, and therefore the offeror should not submit any past performance information along with its technical proposal?

Response: Past Performance section of the technical proposal is included at Annex 9 & 10.

Offerors are not required to submit Past Performance Information (Annex 9 & 10) along with its technical proposal.

30. Question: Section L.6.1, General Technical Proposal Instructions, page 118, states that past performance information under Annex 9 should include up to five of the most recent and relevant contracts, not to exceed 5 pages for the Prime and 3 pages for each subcontractor.

We have the following related questions:

a. Could USAID clarify if the allotment of 5 total past contract examples includes both the examples from the Prime and each subcontractor?

b. If not, how many past performance examples will each subcontractor be required to provide?

Response: a) The five (5) examples on five pages limit applies to Prime contractors.

b) Each subcontractor is limited to five examples on three pages.

31. Question: Section L.6.1, General Technical Proposal Instructions, page 118, states that Annex 9 and 10 are “to be submitted at an earlier date as specified in the Cover letter.” On the Cover letter, however, only past performance is referenced for submission by February 8, 2021. Could USAID kindly clarify if Annex 9: Past Performance Information and Annex 10: Small Business Utilization & ESRS are both to be submitted by February 8, 2021?

Response: USAID confirms that both Annex 9 and Annex 10 are required by an earlier date. RFP Amendment follows.

32. Question: Section L.7 Part 2- Proposed Costs/Prices, Section (5) (I) Grants Under Contract, page 124, states the following: “Offerors must include a minimum of $8,000,000 for Grants under Contract as part of their Total Estimated Costs. Offerors must not charge any fees on the funds provided for grants.” We respectfully request that USAID reconsider this instruction and allow Offerors the opportunity to propose a modest fee on the GUC component.

Response: No change.

33. Question: Section L.7 Part 2- Proposed Costs/Prices, Section (5) (I) Grants Under Contract, page 124, states the following: “Offerors must include a minimum of $8,000,000 for Grants under Contract as part of their Total Estimated Costs.” However, Section B.4, Budget, page 7, contains a note below the budget table that states: “*The total budget for Grants Under Contract to local entities is limited to $8 million and does not include any relevant management or administrative expenses incurred by the Contractor.” Can USAID please clarify whether the $8 million for Grants Under Contract is a minimum amount or a ceiling?

Response: All offerors must use a plug figure of $8,000,000 for the Grants Under Contract line item.