Questions and Answers for ESIA Solicitation.docx

Questions and Answers (Q&A) for Solicitation 77344420R0001 Environmental and Social Impact Gap Analyses

1. Question 1: The consultant’s duty of care - Can we insert duty of care e.g. “The IC shall provide the services exercising reasonable skill care and diligence”?

Answer 1: Yes, but it will be a Time and Materials contract and DFC will determine if the work is satisfactory. Repeated provision of unacceptable work by the consultant could result in termination of the contract.

1. Question 2: What are the required Insurance levels?

Answer 2: The consultant should decide to carry what they deem necessary in insurance for the work it performs. DFC will not require additional insurance.

1. Question 3: Limitation of the consultant’s liability? For example, would 10 x fee value be acceptable to DFC?

Answer 3: There won’t really be any financial liability to the consultant, as the liability to the DFC from the consultant’s work is political. This is a Time and Materials contract, the dollar amount for any one task order will be relatively small, and DFC’s main remedy would be termination of the contract, not litigation.

1. Question 4: What is the Governing Law – would the Laws of England be acceptable?

Answer 4: Governing law would be U.S., as any disputes would revolve around the contract and the FAR.

1. Question 5: What dispute resolution procedures (if any) are there? If there are none then can we suggest a clear dispute resolution procedure?

Answer 5: Dispute resolution would fall under the government claims disputes 52.233-1 Disputes 41 U.S.C chapter 71 as defined in FAR part 33. FAR Clause 52.233-1 has been added to the solicitation.

1. Question 6: In our proposal response, are we also able to offer our Company T&Cs for review by DFC?

Answer 6: No other terms and conditions will be considered. Any proposals that deviate from the contract terms and conditions will not be considered and the proposals will be deemed non-responsive.