RFQ Amendment 0003 95332424Q0002 Q_A Responses.pdf

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International Federation of Consulting Engineers (FIDIC) Legal Advisory Support Services
Solicitation number
95332424Q0002
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This document is a solicitation for International Federation of Consulting Engineers (FIDIC) Legal Advisory Support Services. The Millennium Challenge Corporation seeks offers to provide FIDIC legal advisory services regarding the use and interpretation of FIDIC Conditions of Contract and best practices for FIDIC employers in the context of MCC's and OGC's review, negotiation, and oversight of MCC-funded programs in eligible countries. The solicitation includes evaluation criteria of technical capability, past performance, and price with technical capability and past performance combined being more important than price. Questions are due by January 2, 2024 and offers must be submitted by January 16, 2024.

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

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. If applic ble)

7. ADMINISTERED BY If other than Item 6) CODE

STANDARD FORM 30 REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICI ATION NO.

9B. DATED SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

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 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 your 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 APPROPR ATION DATA If required)

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

IT MODIFIES THE CONTRACT/ORDER NO. 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

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.

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 No., 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)

NSN 7540-01-152-8070

Previous edition unusable

1 2

2. AMENDMENT/MODIFICATION NO.

95332424Q00020003

3. EFFECTIVE DATE

02/09/2024 OGC-PR-24-0003

95332424Q0002

01/23/2024

953324

AMENDMENT CONTROL NUMBER : 95332424Q0002

SUMMARY OF CHANGES : The purpose of this amendment is for the Government to respond to questions submitted by vendors. See pg 2 for further information.

Same As Issuing Office

MCC-HQ

Millennium Challenge Corporation, Contracts and Grants Management Division, 1099 Fourteenth St NW, Suite 700 Washington, DC, 20005-3550, US

953324

Regina E. Maxwell Digitally signed by Regina E.

Maxwell Date: 2024.02.09 12:37:32 -05'00'

UNCLASSIFIED#

Questions MCC Response

I understand that the offer must include a cost quotation to be prepared in accordance with the instructions set out in Section L read together with Section B of the solicitation. With regard to the quote for Task 2 of the scope of work (i.e. FIDIC legal advisory services), I can provide the hourly rates of all team members who will be involved in the execution of the work. However, as the scope of work for Task 2 will be defined on an as-needed basis, it is rather difficult to make precise estimates. Would it be possible to obtain further information concerning the extent of this work and/or the kind of involvement that would be required in order to formulate a more precise estimate?

As noted in L.10, "...FIDIC Training, MCC anticipates the level of effort to be that which is required to deliver the number of hours of training specified in Section C. Pricing for Task 2 (Legal Advisory Services) shall be submitted on a Time-and-Materials basis for the Base Period and all Option Periods. MCC anticipates the level of effort to be 375 hours across the five-year period of performance." Therefore, for purposes of providing a cost estimate for Task 2, bidders may consider this estimated level of effort of 375 hours across the five-year period of performance. This estimated level of effort is derived from historical data from prior similar contracts and our anticipated need for Legal Advisory Services over the life of the contract, which includes contingency to cover the possibility of FIDIC/construction related emergencies, prolonged FIDIC-related disputes, arbitrations, or litigation in our partner countries, etc.

I understand that the MCC anticipates for Task 2 a level of effort of 375 hours over the entire life of the contract (page 13 of the solicitation). On what assumptions is this figure based and how did the MCC calculate it?

See reply to Question #1.

Section L09, page 61 of the solicitation contains a matrix for the preparation of the technical quotation which refers to the current or past projects proving the offeror’s capability. The matrix distinguishes between “Technical POC” and “Contractual POC”. Is it possible to indicate the same contact for both the Technical and the Contractual POC?

If the Techincial POC and Contractual POC overlap, the same contact may be listed in each section.

As we advise clients, as well as their consultants and advisors on FIDIC training and advisory work internationally, can the past performance questionnaire be completed by a client representative, for example, consultants and advisors acting for the client?

Our nominated senior counsel has decades of experience advising on FIDIC contracts including delivering interactive training. They have trained numerous clients and consultants on the whole suite of FIDIC contracts worldwide (including FIDIC 1987, 1999 and 2017) and has spoken at numerous international FIDIC conferences. They are not, however a FIDIC accredited trainer. Can they still be nominated as senior counsel for this project?

offeror shall have a minimum of three years as a FIDIC accredited trainer

95332424Q0002 Questions and Answers

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