Amendment 03 SSPA RFP 72061720R00008 03182021 Signed RBA.pdf

(x)

72061720R00008 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

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

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

x

N/A

Not Applicable

720617

00000 USAID/Uganda

03/18/20210003

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/08/2021

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

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

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

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

ORDER NO. IN ITEM 10A.

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

The purpose of this amendment 03 is to:

1) Extend the Proposal submission deadline from March 22, 2021 to no later than April 5, 2021, 4:00 p.m. Eastern Standard Time

2) Respond to the questions from the offerors (Responses attached below)

3) Revise the RFP (Refer to Revised RFP attached)

4) Revise Section J.16 LCP Summary (See attachment)

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

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

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

Brian Aaron

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

3/18/21

USAID Strengthening Systems and Public Accountability (SSPA) Activity RFP # 72061720R00008, QUESTIONS (Round 2)

GENERAL

1. RFP Reference: Amendment 2 Cover Page Page Number: Cover page Relevant RFP Language: Closing Date for submission of proposals: March 22, 2021 Question: In order to provide offerors sufficient time to adjust their proposals to reflect the new Options requirements, would USAID consider extending the submission closing date to March 29, 2021?

USAID Response: The RFP closing date is extended to April 5, 2021.

SECTION B

2. Section B.8, Payment of Fixed fee, page 9, of the amended RFP states the total fixed fee “is payable at the expiration of each Base Contract Year...” Delaying the payment of fixed until the end of each contract year seems unduly harsh, withholding payment of fixed fee long beyond the time when the contractor has provided the required level of effort. We note that FAR 15.404-4 states that profit or fee “represent that element of the potential total remuneration that contractors may receive for contract performance over and above allowable costs.” Further, FAR 15.404-4 also states: “It is in the Government’s interest to offer contractors opportunities for financial rewards sufficient to stimulate efficient contract performance, attract the best capabilities of qualified large and small business concerns to Government contracts, and maintain a viable industrial base.” The FAR recognizes that profit is necessary for businesses to remain as going concerns and that there are many costs which Contractors must pay out of fee. Consequently, withholding contractor remuneration for a year seems contrary to the FAR and to the interests of the US Government as it severely curtails Contractor financial resources and may also limit competition, as smaller organizations may not be able to operate for more than a year without remuneration. As is customary on USAID CPPF term type contracts, we respectfully request that the fixed fee be paid in accordance with the level of effort incurred and as reported on monthly invoices to the Government.

USAID Response: Under CPFF Term Type LOE form, total Fee is payable only if the performance is considered satisfactory by the Government, and is payable at the expiration of the agreed-upon period, upon contractor statement that the level of effort specified in the contract has been expended in performing the contract work. Please see FAR 16.306 (d)(2) for further information.

SECTION C

3. RFP Reference: C.2 Page Number: p.11 Relevant RFP Language “The SSPA activity includes Options 1, 2, 3, and 4 to scale up activities in the Base Contract. USAID will exercise the Options subject to the availability of funds.”

Question: Could USAID 1) confirm that the options would be exercised during the period of performance (i.e. 5 year period); and 2) provide an estimate for the period of duration for each of the four options (i.e. 1, 2, 3 or more years during the period of performance)?

USAID Response: 1) USAID confirms that the options would be exercised during the period of performance.

2) Option LOE can be used any time between the time the option is exercised until the end of the contract. RFP Section F.7 has been revised accordingly.

4. RFP Reference: C.8 Page Number: p.32 Relevant RFP Language: “8.0 Option 1, Option 2, Option 3, and Option 4: Over the life of the activity, USAID will consider additional Level of Effort (LOE) as Options to scale up interventions in the base Contract. The additional LOE may include work on other potential cross targeted sectors as identified through the Windows of Opportunity component.”

Question: Given the language in Section C.8 on page 32 of the amended RFP indicating that “Over the life of the activity, USAID will consider additional Level of Effort (LOE) as Options to scale up interventions in the base Contract. The additional LOE may include work on other potential cross targeted sectors as identified through the Windows of Opportunity component,” does USAID wish for offerors to apply any specific assumptions in our options budgets concerning scaling for example by sector, region, and/or timing/duration in order to differentiate among the 4 Options? If so, can USAID please indicate what assumptions offerors should use for each of the four Options?

USAID Response: Offerors should follow the instructions and government requirements stated in the RFP in developing their proposal. USAID does not have additional assumptions other than those identified in the RFP.

SECTION F:

5. Section F.7.2 (Level of Effort), page 46, states that “USAID will pay the fixed fee proportionate to the Contractor’s completed level of effort.” We have the following questions in this regard:

a. Will USAID please confirm that this applies only to the fixed fee of the Prime Contractor, and not to the fixed fee of proposed subcontractors?

b. Will USAID please confirm that payment of the Prime Contractor’s fixed fee will be in proportion to the level of effort having been incurred for each invoiced period of performance (e.g., monthly)?

USAID Response: a. This applies to the Prime, and flows down to the subcontractors as well.

b. See response to Question 2.

SECTION I:

6. RFP Reference: RFP Clauses Page Number: 81 Relevant RFP Language: 52.219-9 Small Business Subcontracting Plan.

Question: The FAR Clause 52.219-9 appears in the Contract Clauses incorporated by clause I1, but there is no specific call-out in the solicitation for a SB Subcontracting plan.

Can the agency please confirm whether a Small Business Subcontracting Plan is required for this proposal submission?

USAID Response: Small Business Subcontracting Plan is not required for this RFP. USAID removed the 52.219-9 from the RFP.

SECTION L:

7. RFP Reference: L.7 Page Number: p.126 Relevant RFP Language: In order to understand the magnitude of USAID's requirement, the Government estimates approximately 23,400 person-days for the base contract, and approximately 10% - 12% of base contract professional and technical and consultant person-days level of effort (LOE) for each Option 1, 2, 3 and 4.

Question: In the amended RFP, Cost Proposal Instructions, offerors are required to present an LOE table that now includes options. An approximate LOE (23,400 person days) was provided for illustrative purposes for the base contract. In order to ensure fair and transparent evaluation of offerors budgets, will USAID also provide a corresponding budget estimate (or range) for the base contract?

USAID Response: The RFP cover letter and various sections indicate a budget range and LOE estimates for the base contract plus all options. (See revisions in Section L.7)

8. RFP Reference: L.6.2 Page Number: p. 123 Relevant RFP Language: The Offeror must submit an organizational structure chart showing titles and names that will form part of the contract team, and describe the roles, responsibilities and lines of reporting of home office and field office personnel, sub-contractors and grantees.

Question: With regard to Annex 5, can USAID please clarify if the first organizational chart with staff position titles and names is expected to also provide the level of information necessary to determine “roles and responsibilities” and “lines of reporting” or is USAID expecting a supplemental table to the org chart?

USAID Response: Only two charts are required in the Annex 5; RFP states “Annex 5: The Offeror must submit an organizational structure chart showing titles and names that will form part of the contract team, and describe the roles, responsibilities and lines of reporting of home office and field office personnel, sub-contractors and grantees. A second chart must demonstrate the relationship between the Offeror and other offices (e.g. Offeror’s headquarters office, USAID, consortium partners, etc.).”

9. RFP Reference: F.7 (Level of Effort); L.7 (Instructions for the Preparation of the Cost Proposal) Page Number: p. 47; p. 126 Relevant RFP Language: The Contractor must devote [TBD] person-days level of effort of professional and technical direct employee, consultant, or subcontractor professional and technical labor and other labor for the base contract period of performance as specified in the Section F.2 above.

Question: The illustrative table in L.7 p. 126 asks to provide Titles and names for each Professional and Technical Personnel and Titles and names for each Administrative & Operational support Personnel for the base period in separate lines. Since 23,400 LOE proposed is equivalent to 18 full time professional and technical positions, could we assume Administrative & Operational support staff like program associates, accountants, HR assistants are not part of the LOE estimate that was provided for illustrative purposes?

USAID Response: The final LOE includes all admin+operational staff efforts. (See revisions in Section L.7)

10. RFP Reference: L.6.1 Page Number: p. 119 Relevant RFP Language: The Technical Proposal (inclusive of options) is limited to the page limitations in item 6.

Question: With the introduction of options to Section L instructions, is it USAID’s expectation that the technical approach would include information about the offeror’s technical strategy and approach to the options?

USAID Response: Yes. Please see the recent amendments to the RFP.

11. RFP Reference: L.6.2 Page Number:120 RFP Reference: L.6.2 Question: May USAID please confirm that offerors should use the table in F.7 of the RFP to show LOE in Annex 5?

Reason for Asking (Impact on Proposal): On page 120, USAID states that offerors should use the table in Section F.8 to show LOE.

USAID Response: Deleted from RFP section L.6.2, Annex 5, page 123 the sentence “The Offeror must also complete and submit the level of effort table in Section F.7 for all proposed staffing required for the performance of this Contract.”

12. RFP Reference: L.6.2 B) Factor 2: Management Approach and Staffing Plan, page 119, states: “The offeror must…propose a staffing plan with level of effort (LOE) for all required key personnel, technical specialists, short term technical assistance, consultants, and administrative staff.” Could USAID please confirm that the personnel LOE and names of any short-term technical assistance is only required in Annex 5 and is not required in the management section of the proposal?

USAID Response: USAID confirms that except for the Key personnel, other personnel LOE and names of any STTA is only required in Annex 5 and is not required in the management section of the proposal.

13. RFP Reference: L.6.1 2) General Technical Proposal Instructions, page 116, states: “Annexes, attachments, section headers, maps, charts, graphs, or exhibits may use a font size other than Times New Roman, size 11 point, as long as they are legible without magnification.” Could USAID please confirm that Offerors may use a font size and type other than Times New Roman 11pt. for annexes, attachments, section headers, maps, charts, graphs, exhibits as well as text boxes and graphics?

USAID Response: Offerors should follow the instructions as stated in the RFP.

14. RFP Reference: L.6.2 Annex 5, page 120, states: “The Offeror must also complete and submit the level of effort table in Section F.8 for all proposed staffing required for the performance of this

Contract.” Could USAID confirm that they would only want the major LOE categories included in Annex 5, similar to the LOE chart in Section F.7 (pages 45-46), and that Offerors are not required to list out each position in the chart, given the page limitation for Annex 5?

USAID Response: Refer to response to Question 11

15. USAID’s response to Question #25 in Amendment 1, pertaining to Section L.5(d)2, indicates that USAID will allow offerors to submit certain required items in PDF for the Cost Proposal, such as Standard Forms and Certifications and Representations (Section K), but that other documentation must still be submitted in Word. We respectfully request that USAID provide additional latitude for other Cost Proposal sections and documentation to be submitted in PDF, given the large amount of documents that will be prepared in different Word formats from numerous organizations, including the prime offeror and proposed subcontractors. Allowing offerors to use PDF for these documents, such as Policies and Procedures, Evidence of Responsibility Statements, and Letters of Commitment, will greatly facilitate the submission process and USAID’s review of those documents. Offerors would still submit their budget narratives in Word, to facilitate any inclusion into contract documents.

USAID Response: USAID will allow offerors to submit Cost proposals sections Part 1, Part 3, Part 4, Part 5, and Part 7 in PDF format.

16. USAID’s response to Question #16 in Amendment 1, pertaining to the inclusion of a properly formatted LCP, indicates one would be included in Amendment 1. However, this does not appear to be the case. Can USAID please provide this properly formatted LCP in the upcoming Amendment?

USAID Response: LCP is attached.

17. The Amended RFP, pages 126-128, Section L.7 (2) Detailed Budget, provides new instructions for presenting the LOE table in the Cost Proposal. In addition, Section L.6.2

(B) Factor 2: Management Approach and Staffing Plan, pages 123-124, states: “The Offeror must also complete…the level of effort table…for all proposed staffing, and that it should be included in Annex 5 of the Technical Proposal. Instead of submitting the LOE table in both the Technical and Cost Proposals, would USAID allow Offerors to only submit the LOE table in the Cost Proposal?

USAID Response: Refer to response to Question 11.

18. Amendment 2 of the RFP requires provision of level of effort against a Base Contract Period of 5 years, as well as for four (4) distinct “extension” periods, as per the following references:

● Amended Section L.7, Part 2 Proposed Costs/Prices, item (2) LOE Table, page 126, indicates that “Options 1,2,3 and 4 are an additional level of effort and budgetary resources that would allow for scaling up of activities mentioned in the Section C-statement of work, excluding Grants.”

● In the same section the amended RFP state: “approximately 23,400 person-days for the base contract, and approximately 10-12% of base contract of professional and technical and consultant person days level of effort (LOE) for each period 1,2,3, and 4.”

We have two related concerns:

· With almost half of core staff resources subject to potential options that may or may not be executed, and without knowing if options are meant to cover a few months or a few years, we respectfully note that we are concerned about the ability to hire and retain staff, and continuity of longer-term activities – particularly if options are of short-duration, which would limit hiring to only short-term technical assistance.

· LOE in the Base Contract is 23,400 days, an LOE ceiling not specified in the original RFP. This LOE ceiling will require a radically different implementation approach for offerors to plan for including completely revised staffing and management structures.

This drastic change in the solicitation, with less than 3 weeks remaining before the submission of proposals, with further clarifications pending, gives offerors scant time to prepare, which will impact the quality of approaches and proposals available to USAID for this important program. We have the following questions related to this substantive change to the RFP:

a) Can USAID please confirm the LOE requirements for each base and option?

· Base - 23,400 days

· Option 1 - 2,340 to 2,808 days

· Option 2 - 2,340 to 2,808 days

· Option 3 - 2,340 to 2,808 days

· Option 4 - 2,340 to 2,808 days

· Total – 32,760 to 34,632 days

USAID Response: Refer to response to Question 7 and 9.

b) Given that the options are not scoped, it is unclear how USAID will evaluate the relative merit of proposals for LOE at 32,760 vs. 34,632 days. We therefore respectfully request that USAID provide a fixed LOE amount for each option against which all offerors can propose.

USAID Response: USAID considered the problem at length and clarified our approach. Refer to response to Question 7 and 9.

c) There is no indication in Amendment 2 as to when the Options would be exercised. However, personnel and other costs would vary widely if incurred in Year 1 as opposed to Year 5, and the type of staff to be proposed would also vary depending on the type of interventions or activities to be undertaken. In order to ensure a level playing field and that all offerors are proposing against the same requirements, could USAID please provide the following guidance for budgeting purposes?

· The length of period of performance (e.g., 6 months, 18 months, 60 months, etc.) for each option?

· The year of implementation (e.g. to start in year 1, 2, 3, 4 or 5) for each option?

· Details of any activities (e.g. trainings, conferences) that should be included in any options?

USAID Response: Refer to response to Question 3.

d) Would USAID consider designating the options as multi-year to support longer-term programming and staffing once options are exercised?

USAID Response: Refer to response to Question 3.

e) In light of these serious issues, we respectfully request that USAID extend the due date for receipt of offers by an additional three weeks from the time final answers are provided, to allow offerors a reasonable time-frame re-structure their proposals, and to ensure that USAID receives compliant and high-quality proposals?

USAID Response: Refer to response to Question 1.

19. The Amended RFP, per Section L.7, Part 2 Proposed Costs/Prices, item (2), page 126, explains how the SSPA Activity now includes Options 1, 2, 3, and 4 to scale up activities in the Base Contract, and that USAID will exercise the Options subject to the availability of funds. The Amended RFP, per Sections M.1(c), M.2 and M.3, also notes how these options will also be evaluated as part of the technical proposal. We are concerned that this new addition of the four potential Options creates ambiguity in terms of how the proposals will be evaluated since this new guidance allows Offerors to propose activities that may or may not take place as part of the project. We are also concerned that the absence of instructions and evaluation criteria specific to the options may impede a fair and reasonable evaluation among offerors. Would USAID reconsider the inclusion of these Options in the evaluation of the technical proposals?

USAID Response: No, please see revisions to the RFP Section L and M.

20. Section L.7, Part 2, J(ii), p. 124 of the RFP states that, if a subcontractor does not have an established indirect rate agreement issued by a cognizant Government Audit Agency, the proposal must include the subcontractor’s audited financial information and year-to-date statements. Would USAID kindly confirm that this requirement is applicable only to major subcontractors, and, subsequently, confirm the threshold for major subcontractors?

USAID Response: The RFP does not refer to “major” subcontractors or any threshold thereof.