72062022R00014_SF30_amendment_2_OFM BPA_signed.pdf

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 or (c) By separate letter or electronic communication 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 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

N/A

Marva Butler, Contracting Officer

The purpose of this Amendment #02 is to provide responses to questions received from potential offerors. See continuation page below. A revised solicitation is also attached with amended texts highlighted in yellow.

USAID/Nigeria Office of Acquisition & Assistance c/o U.S. Embassy, Plot 1035 Diplomatic Drive Abuja FCT, Nigeria

Same as in Block 6

REQ-620-22-000079

72062022R00014

1 7

07/15/2022

06/15/2022

Marva Butler Digitally signed by Marva Butler Date: 2022.07.15 14:04:44 +01'00'

Solicitation #72062022R00014: USAID/Nigeria Blanket Purchase Agreement (BPA) for Financial Management and Oversight Support Services (FMOSS) to Strengthen Program Execution

QUESTIONS AND ANSWERS

GENERAL

1. We are very interested in participating in the upcoming procurement referenced above. Has there been any developments in the contract strategy, vehicle, timeline and/or socioeconomic status for the opportunity?

We are a HUBZone small business seeking to join a team (if necessary) and would welcome any information on who will be able to prime this, in order to speak with them about joining their team.

USAID Response: The BPAs are scheduled for award on/or about December 2022. You are advised to monitor the SAM.gov for the synopses of awards.

2. In compliance with such authoritative and applicable statutory or regulatory bases as:

(i) Section 602 of the Foreign Assistance Act of 1961 (22 U.S.C. 2352),

(ii) USAID’s small business acquisition policies at Agency for International Development Acquisition Regulation (AIDAR) provision 719.270,

(iii) The preface to AIDAR Clause 752.219-8 (MAR 2015), Utilization of Small Business Concerns and Small Disadvantaged Business Concerns, cited on page 69 of the Solicitation, referring to AIDAR 719.708 which states: “The Foreign Assistance Act calls for USAID to give U.S. Small Businesses an opportunity to provide supplies and services for foreign assistance projects, and

(iv) Recently-adopted at 87 FR 24836 (Apr. 26, 2022), effective May 26, 2022 (15 business days prior to release of this Solicitation), Federal Acquisition Regulation (FAR) provision 19.000(b)(1)(ii), applying FAR Part 19 for the consideration of utilizing small business concerns for contracts “outside the United States,” as well as (v) Contributing toward USAID/Nigeria achieving its annual Mission small business goals over the life of this Contract -- why aren’t small business certified public accounting firms eligible to compete for this Solicitation in addition to, or replacing, the “pre-qualified entities under USAID/Nigeria’s List of Acceptable Audit Firms,” as specified on page 1 of the cover letter to the Solicitation, the requirement for Evidence of USAID/Nigeria Prequalification in Article L.5(c)v on page 82, and listed as an Evaluation Factor 1 in Article M.2.2 Technical Evaluation Factors on page 94 of the Solicitation?

USAID Response: See the revised solicitation language for an updated requirement in respect of the pre-qualified entities under USAID/Nigeria’s List of Acceptable Audit Firms.

3. For all the authoritative and applicable statutory or regulatory bases cited in Question #1 above, why aren’t small business certified public accounting firms (i) eligible to receive subcontracts under this Solicitation and (ii) if so, without limitation in subcontracting?

USAID Response: See response to question #2 above.

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Solicitation #72062022R00014: USAID/Nigeria Blanket Purchase Agreement (BPA) for Financial Management

4. In place of the overly broad, but unrelated North American Industry Classification System (NAICS) Code 541990, Professional, Scientific and Technical Services, assigned to this procurement on page 1 of the cover letter to the Solicitation and in Article K.1 on page 71 to qualify local auditing firms, why isn’t NAICS Code 541211, Offices of Certified Public Accountants, which is generally used by the U.S. Government for retaining auditing firms to perform contract audits, being used instead?

USAID Response: NAICS Code 541990 is broader and more consistent with the requirements for this procurement action.

5. The Government Accountability Office (GAO) requires the observance by contract auditors of its “Government Auditing Standards (GAS) ,” also called the “Yellow Book” or generally accepted government auditing standards (GAGAS). See para. 1.12 and 1.12a of GAS (2018 edition updated by a technical revision in April 2021). For Mission Contracted Audits, the Solicitation mandates GAS to apply by stipulating at Article C.1.3-a on pages 11-12 that “these engagements are based on auditing standards and guidelines issued by the U.S.

Government Accountability Office.”

Specifically, GAS para. 4.16 requires that “[a]uditors who plan, direct, perform engagement procedures … should complet[e] … at least 80 hours of CPE [continuing professional education] in every 2-year period.”

Furthermore, GAS para. 5.60 states: “each audit organization conducting engagements in accordance with GAGAS must obtain an external peer review conducted by a reviewer independent of the audit organization being reviewed” and, in accordance with GAS para.

5.84, “an audit organization … should obtain an external peer review at least once every 3 years.”

Therefore, what evidence of compliance with both of these GAS provisions is the USAID/Nigeria Contracting Officer requiring for each offeror’s proposal submitted in response to this Solicitation?

USAID Response: See revised solicitation under sections C, L, and M for updated language.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

6. We see that on page 10 (of 97) under C.1.2 – OBJECTIVES, that “The Mission seeks the services of professional audit and assurance firms from USAID/Nigeria’s List of Acceptable Firms to provide financial management and oversight support services…”

Our question is whether a subcontractor to one of the approved Nigerian audit firms can be an audit firm that is not listed on the Nigerian Acceptable list, but rather on another USAID Mission list such as the South African Acceptable firm list?

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Solicitation #72062022R00014: USAID/Nigeria Blanket Purchase Agreement (BPA) for Financial Management

USAID Response: Non-U.S. organizations must be pre-qualified and included on USAID/Nigeria’s List of Acceptable Audit Firms. Please see revised solicitation for updated language.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

7. Solicitation Article H.7, Designation of Authorized Geographic Code, and 22 CFR Part 228, Rules for Procurement of Commodities and Services Financed by USAID, specify procurements of commodities and services may be made from any Code 937 country, but, according to Article F.3, Place of Performance, payment for services under this Contract may only be made provided services are performed in Nigeria. These restrictions are conflicting and are not consistent. Therefore, will the USAID/Nigeria Contracting Officer adopt Authorized Geographic Code 937, the same Code as in Article H.7 of the Solicitation, for Article F.3, Place of Performance, for this Solicitation?

USAID Response: The authorized geographic code for the procurement of commodities and services is 937, and the primary place of performance/provision of services for Call Orders is the Federal Republic of Nigeria.

SECTION J: LIST OF ATTACHMENTS

8. Page 70 of 97: Can the Government please provide the attachments listed that do not include a link?

USAID Response: All the eleven (11) attachments listed on page 70 of the solicitation are physically provided on the SAM.gov webpage. Offerors are advised to follow this link or copy and paste it on their browser to access them:

https://sam.gov/opp/6d69fa0b51da4d54b155a7388cd9a86a/view. Please endeavor to scroll down to the Attachments/Links section. Offerors should note that the Attachments are downloadable.

9. Will the USAID/Nigeria Contracting Officer amend Solicitation Section J, Documents, Exhibits and Other Attachments, by listing, and making available to all prospective offerors a copy of, USAID/Nigeria’s current “List of Acceptable Audit Firms” for teaming purposes?

But if for security reasons this List will not be made available, then how many auditing firms on this List are based in the United States?

USAID Response: USAID/Nigeria’s List of Acceptable Audit firms is not a publicly shareable document. The list contains 14 non-U.S. audit firms that are based in Nigeria.

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

10. Solicitation Article L.2(a) provides for more or less “five (5) BPAs as a result of this Solicitation.” Yet, Article F.6.1 on page 26 provides “The Call Order Contracting Officer will provide the Request for Quotation (RFQ) to the [highlight added] BPA holder.” On what

July 2022 Q&A Page 4

Solicitation #72062022R00014: USAID/Nigeria Blanket Purchase Agreement (BPA) for Financial Management bases will an individual BPA holder, among the BPAs awarded, be selected for an individual call order? The Solicitation’s terms on this matter are silent. Moreover, what evaluation factors will be used for this selection and will the best value method, in accordance with FAR 15.101-1, or the lowest price technical source selection process, in accordance with FAR 15.101-2, be used in selecting the awardee for an individual call order?

USAID Response: Solicitation Section F.6.1c) is revised to read: “Request for Quotation (RFQ) Procedures. The Call Order Contracting Officer will provide the Request for Quotation (RFQ) to the BPA holders.

The Call Order RFQ will include at a minimum the SOW and evaluation criteria.”

11. L.4.3(iv), Page 81: It shows that all electronic submissions should read as follows:

“72062022A00005….”; however, the Solicitation No. on the cover page shows 72062022R00014 and in the heading of each page and on SAM.gov the Solicitation No. is 72062022R00013. Can the Government please confirm the correct Solicitation Number?

USAID Response: The correct solicitation number is 72062022R00014. Offerors are required to reference this number in all their submissions and correspondences.

12. Format and Presentation, Volume I - Technical Proposal, Page 82 of 97: Will the Government please advise what is supposed to be included in the viii. Technical Proposal section? There are no instructions provided after the vii. Contractor Performance Information section instructions?

USAID Response: Please see the revised Solicitation for an updated instructions under Section L.

13. L.5 (c) viii. Format and Presentation, Page 82: Item "viii. Technical Proposal" does not seem to have an explanation of what is required in that section. There is no L.5.8 to elaborate on what is required for that section. Can the Government please clarify?

USAID Response: See answer to question #12 above.

14. L.5.5 Evidence of USAID/Nigeria, Prequalification, Page 83 of 97: Do subcontractors need to be pre-qualified by USAID/Nigeria to conduct audits of USAID resources as well?

USAID Response: Yes if they are Non-.U.S. based firms.

15. L.5.6 Corporate Capability, Page 83-84 of 97: Are resumes required? If yes, are they excluded from the page count?

USAID Response: Yes.

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Solicitation #72062022R00014: USAID/Nigeria Blanket Purchase Agreement (BPA) for Financial Management

16. L.5.7 Contractor Performance Information, Page 84 of 97: Will the Government please provide the required Attachment D.4 (Contractor Past Performance Report – Short Form)?

USAID Response: Refer to the answer to question #8 above.

17. L.5.7 Contractor Performance Information, Page 85 of 97: Will the Government please confirm that PPIRS is equivalent to the CPARS?

USAID Response: Yes. Effective January 15, 2019, the Past Performance Information Retrieval System (PPIRS) was retired. All data from PPIRS has been merged into CPARS.gov.

18. L.6.2 Part 2 – Price Schedule, Page 86 of 97: Will the Government please provide the required Attachment D.1 (Price Schedule)?

USAID Response: Refer to the answer to question #8 above.

19. L.6 paragraphs 6-7, Page 85-86 of 97: Could a copy of the Offeror’s GSA schedule be included in lieu of a NICRA agreement (Paragraph 6) or the financial data in Paragraph 7 since these rates have been reviewed and approved by GSA?

USAID Response: Offerors and any proposed subcontractor must include a complete copy of its most current NICRA (see Section L.6(6) on page 85), or if the Offeror or subcontractor does not have a NICRA, the proposal must include financial data as specified under Section L.6(7) on page 86.

20. L.6.2 Part 2 – Price Schedule, Page 87 of 97: Will the Government please confirm they are expecting both the Attachment D.1 and a detailed price worksheet in Microsoft Excel format?

USAID Response: Yes. Note that the reference to Attachment D.1 is an error; Attachment J.1, Price Schedule is the correct reference.

21. L.6.3 Part 5 - Representations, Certifications, and Other Statements of Offerors, Page 88 of 97: Will the Government please confirm a statement that the Offeror has registered in SAM – System for Award Management (https://www.sam.gov/) is sufficient? Or is the Offeror expected to complete and submit the Reps and Certs?

USAID Response: Offerors must submit as part of its proposal a statement that the Offeror has registered in SAM – System for Award Management (https://www.sam.gov/). Refer to Section L.6.3(4) on page 90 of the revised solicitation.

22. L.7 Instructions for the Preparation of a Branding Implementation and Marking Plan, Page 89 of 97: Will the Government please provide the required Attachment D.6 (Waiver notification to USAID/Nigeria Implementing Partners)?

July 2022 Q&A Page 6 https://www.sam.gov/ https://www.sam.gov/

Solicitation #72062022R00014: USAID/Nigeria Blanket Purchase Agreement (BPA) for Financial Management

USAID Response: Refer to the answer to question #8 above.

23. L.5.7(1)(a), Page 87 of 97: Section L.5.7(1)(a) says “…The Offeror must describe successful experiences using subcontractors to implement major technical components.” Please confirm this is only required if we propose the use of a major subcontractor.

USAID Response: Confirmed.

SECTION M: EVALUATION FACTORS FOR AWARD

24. M.2.4(i), Page 94 of 97: Section M.2.4, Evaluation Factor 2, Corporate Capability (Paragraph

i) states: “Offeror’s ability to sequence, organize and manage the work in response to the requirements in this BPA. This includes a proposed project milestone plan that is integrated with and can be consistently tracked through task implementation, schedule and price.”

Since this BPA solicitation includes 8 general engagement types, and over a dozen possible sub-types, please confirm that a proposed project milestone plan is only required in the Task Order response (when more information about the type of engagement is known), not in the BPA response.

USAID Response: Please see the revised solicitation for an updated language on this section.

25. Factor One, “USAID/Nigeria Pre-Qualification,” listed under Solicitation Article M.2.2 Technical Evaluation Factors on page 94, doesn’t appear to comport to an allowable factor according to FAR 15.304(b)(2), Evaluation factors and significant subfactors, in that it doesn’t “support meaningful comparison and discrimination between and among competing proposals.” What technical evaluation factor(s) at Factor One will be adopted in replace of USAID/Nigeria Pre-Qualification?

USAID Response: Please see Section M of the revised solicitation for an updated Evaluation Factors.

26. M.3, Page 96 of 97: Please confirm that only rates are to be included in the price proposal, and that level of effort (hours) will only be required at the task order level.

USAID Response: Yes, confirmed.

July 2022 Q&A Page 7