AMENDMENT 01 RFP 72012120R00005 SOE UKRAINE.pdf

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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:

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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.

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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.

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

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

01 See Block 16 C.

USAID/Kyiv Regional Contract Office Dept. of State 5850 Kyiv Place Washington, DC 20521-5850

USAID/Kyiv Regional Contract Office Dept. of State 5850 Kyiv Place Washington, D.C. 20521-5850 one

1 16

72012120R00005 TO ALL OFFERORS x

X

October 9, 2020

The purpose of this Amendment No. 01 is to:

1. Provide answers to the questions received in response to Request for Proposal(RFP) No.72012120R00005, State-Owned Enterprises(SOE)Reform Activity in Ukraine; and

2. Revise Request for Proposal (RFP) No. 72012120R00005.

Maria Televantos Contracting Officer

BY 10/9/2020

X

/s/

RFP No. 72012120R00005 Amendment No. 01

PART I – ANSWERS TO THE QUESTIONS

Questions regarding RFP No. 72012120R00005, State-Owned Enterprises (SOE) Reform Activity in Ukraine

Q1. If this is a follow-on requirement, could you please provide the previous contract or task order number?

A1. This is a new requirement, not a follow-on activity.

Q2. The cover letter states that the maximum aggregate IDIQ ceiling for the resulting contracts will be $39 million. However, the RFP does not provide a range for the dollar value of Task Order 1. In order to ensure that offerors are able to deliver compliant proposals within the cost range USAID requires, could USAID kindly provide an estimated budget range for Task Order 1 to all potential offerors as soon as possible?

A2. USAID anticipates awarding Task Order 1, a cost-plus-fixed-fee (CPFF) term-type contract, with 5,154 professional technical staff person productive days level of effort (LOE) and a period of performance of three years. Since this is a CPFF term-type contract, the required LOE level has been provided. In accordance with ADS 302.3.5.7, COs may not include estimated price ranges in solicitations for CPFF term-type (LOE) contracts. Therefore, the estimated budget range for Task Order 1 cannot be provided.

Q3. We are seeking for Grants as a help in our [activities]. We would like to ask some specific information about RFP No. 72012120R00005:

a) as we are profit organisation can we apply for Grant?

b) when is a deadline of Grant?

c) How can we link to apply Grant?

A3. The subject requirement is not a grant opportunity, it is a solicitation for an IDIQ contract.

Please search for grant opportunities issued by the U.S. federal grant-making agencies:

https://www.beta.gov

Q4. Section B.5.d states that fee must not be applied on grants under contract (GUCs).

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 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. Given 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.

A4. The Contractor’s effort as it relates to grant management should be taken into consideration in its structured approach, but fee may not be charged on grants under contract.

Q5. Section C.9 states that grants to government of Ukraine entities are not allowed. This stipulation conflicts with the GUC-authorizing language present in H.29, which allows for in-kind grants to government entities. Can USAID confirm that the contractor may issue in-kind grants to Ukrainian government entities?

A5. The RFP was updated to remove “No grants are to be made to GOU entities” in Section C.9 of the IDIQ. Section H.29 of the IDIQ specifies that only in-kind GUCs to partner government entities are authorized under this contract.

Q.6. There appears to a discrepancy in the validity period. On page 1 of the RFP, it is listed as 220 days, but on the SF33 form on page 3 it is listed as 210 days. Can USAID confirm which number of days is correct?

A6. Offeror’s proposals must be valid for 220 days. The SF33 form has been updated.

Q7. Section H.12 states that: “A six-day work week may be authorized on a case-by-case basis by the TOCOR for STTA while in Ukraine with no premium pay.” Our standard practice is to budget a six-day work week for short-term consultants and relevant long-term expatriate staff during that start-up phase. The Ukraine SOE RFP does not authorize a six-day work week for the relevant staff; therefore, we ask USAID to confirm that a six-day work week is authorized.

A7. The RFP states in Section H.12 that “A six-day work week may be authorized on a case-by-case basis by the TOCOR for STTA while in Ukraine with no premium pay.”

Therefore, a six-day workweek is not authorized for long-term expatriate staff.

Q8. Section H.3.b states that: “The local salary scale must not exceed the local compensation plan in accordance with AIDAR 722.170. If approved, only salaries or wages for new CCN individual(s) that exceeds the pre-approved salary scale will require CO approval.” We respectfully request that the abovementioned salary restriction be removed from the RFP as it appears to be inconsistent with AIDAR 752.7007 Personnel Compensation, incorporated in the contract under Section H.2 (page 42), which stipulates that “Direct compensation of the Contractor’s personnel will be in accordance with the Contractor’s established policies, procedures, and practices, and the cost principles applicable to this Contract.” The salary restriction above may preclude contractors from following their established policies, procedures, and practices, as required by AIDAR 752.700.

A8. Contractors are required to follow their established policies, but there are additional contractual restrictions in place. Pursuant to AIDAR 722.170(b), “Compensation. Compensation, including merit or promotion increases paid to TCN's and CCN's may not, without the approval of the Mission Director or the Assistant Administrator having program responsibility for the project, exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission. Unless otherwise authorized by the Mission Director or the Assistant Administrator having program responsibility for the project, the compensation of such TCN and CCN employees shall be paid in the currency of the cooperating country”.

Q9. On page 43, under Section H.5.3.e. Annual Salary Increases the RFP states “Annual salary increases (e.g. cost of living and merit increases and other) may be granted once a year and cannot exceed the 5%. Annual salary increases of any kind exceeding this limitation or exceeding the USAID Contractor Salary Threshold (CST) may be granted only with the advance written approval of the Contracting Officer.” We respectfully request that the abovementioned restriction for salary increases of not more than the annual COLA received by Federal GS Employees be removed from the RFP as it appears to be inconsistent with AIDAR 752.7007 Personnel Compensation, incorporated in the contract under Section H.3 (page 51), which stipulates that personnel compensation be in accordance with the contractor’s established policies, procedures, and practices, with reimbursement subject only to the USAID Contractor Salary Threshold. The limitation on salary increases may preclude contractors from following their established policies, procedures, and practices, as required by AIDAR 752.700.

A9. The Contractor should follow their personnel policies, but they are restricted to contract requirements as well. In circumstances that are warranted and justified, the Contractor may request CO approval to exceed the annual salary increases stipulated in the contract.

Q10. The cover letter states that the maximum aggregate IDIQ ceiling for the resulting contracts will be $39 million. However, the RFP does not provide a range for the dollar value of Task Order 1. In order to ensure that offerors are able to deliver compliant proposals within the cost range USAID requires, could USAID kindly provide an estimated budget range for Task Order 1?

A10. Please see the answer to Question Q2.

Q11. Section B.6 Indirect costs and Advanced Understanding on Ceilings defines the “’major subcontractors’ are those subcontractors expected to perform at least 20% or a prominent part of the technical effort” (page 9). Could USAID confirm that 20% of the technical effort refers to professional technical level of effort as defined in Task Order 1 Attachment J.1, Section F.6:

Professional Technical Level of Effort?

A11. Confirmed.

Q12. Section C.3 Background, Footnote 2 (page 10) references a link to IMF study. However, the link retrieves a “page not found” error. Can USAID please provide the document referenced for all bidders?

A12. We troubleshooted the link and found that it was accurate. Here it is once again:

https://www.imf.org/en/Publications/Departmental-Papers-Policy- Papers/Issues/2019/06/17/Reassessing-the-Role-of-State-Owned-Enterprises-in-Central-Eastern-and-Southeastern-Europe-46859

Q13. In Section C.3: Background on pages 13 and 14 of the RFP, USAID lists its most recent assistance activities to support the SPFU and MEDT in SOE reform and privatization. Could USAID please:

● Make available the scopes of work for these activities, including under the regional EDGE program and activities competed through the CEP project so that all bidders can have a better understanding of the depth and breadth of this important programming?

● Provide an update as to whether these services been extended and, if so, through which date?

● Clarify what SOE reform activities does USAID intend to continue support through other programs once the SOE Reform Activity is awarded?

A13. The SOE Reform Activity will be USAID’s flagship activity for SOE reform. Other activities may continue having some SOE-related interventions, so the Contractor will need to collaborate and coordinate with other USAID activities.

Through the Economic Development, Governance, and Enterprise Growth (EDGE) Activity, USAID is supporting the Government of Ukraine (GOU) to plan and implement critical reforms of Ukraine’s SOEs by providing expert advice on corporate governance reform, privatization, and SOE management and oversight through three complementary tasks:

● Support the GOU’s efforts on SOE reform and privatization

● Procure an automated valuation module for assessing the value of the property

● Grants for advocacy on privatization to build capacity of the civil society sector in ensuring fair and transparent privatization of state-owned assets and support the implementation of the Privatization Communication Strategy whereby the public will have access to real-time information and a clear understanding of the privatization process and its benefits for the Ukrainian society https://www.imf.org/en/Publications/Departmental-Papers-Policy-Papers/Issues/2019/06/17/Reassessing-the-Role-of-State-Owned-Enterprises-in-Central-Eastern-and-Southeastern-Europe-46859 https://www.imf.org/en/Publications/Departmental-Papers-Policy-Papers/Issues/2019/06/17/Reassessing-the-Role-of-State-Owned-Enterprises-in-Central-Eastern-and-Southeastern-Europe-46859 https://www.imf.org/en/Publications/Departmental-Papers-Policy-Papers/Issues/2019/06/17/Reassessing-the-Role-of-State-Owned-Enterprises-in-Central-Eastern-and-Southeastern-Europe-46859

USAID’s Competitive Economy Program (CEP) advances a strong, diverse, and open Ukrainian economy by supporting business startups and small and medium-sized enterprises (SMEs) to become more competitive in domestic and international markets. CEP’s principal objectives are:

strengthening the business enabling environment, developing new and innovative industries and firms, and promoting export and trade.

USAID has not extended these activities. USAID/Ukraine’s EDGE buy-in is from January 2020 to October 2021 and CEP’s period of performance is October 2018 to October 2023.

Q14. Section C.7 Implementation principles, footnote 11 (page 18) references a link from Oliver Wyman. However, the link retrieves an “page not found” error. Can USAID please provide the document referenced for all bidders?

A14. We troubleshooted the link and found that it was accurate. Here it is once again:

https://www.oliverwyman.com/content/dam/oliver-wyman/v2/publications/2018/may/creating-a-sustainable-privatization-program.pdf

Q15. Under C.10 Gender Considerations (page 20), USAID states, “The Contractor must integrate findings from USAID’s Gender Analysis Report and other sectoral gender assessments into its gender strategy and action plan to target gender mainstreaming in the SOE sector.” Could USAID please provide more detail as to what it means by “other gender assessments,” as well as guidance as to where these assessments can be accessed by all bidders?

A15. The Contractor must integrate findings from USAID’s Gender Analysis Report and may include findings from other sectoral gender assessments as applicable into its gender strategy and action plan to target gender mainstreaming in the SOE sector. The RFP was updated accordingly.

Q16. Section L.8(b)(5): Management Approach to the Overall IDIQ requires submission of a resume for the IDIQ Director (page 100). Will USAID allow offerors to submit a four-page resume as an annex to the technical proposal which will not count towards the page limit?

A16. No, the resume is part of the technical proposal and counts towards the page limit.

Q17. Section L.8(b)(5): Management Approach to the Overall IDIQ requires that the IDIQ Director’s resume “must have at least three references for each position with full contact information (name, position, relationship, email address, and telephone number)” (page 100).

Would USAID allow offerors to submit three references in total for the IDIQ Director, rather than three references for each position on the resume?

A17. The Offerors are required to submit at least three reference names in total for the IDIQ Director/Task Order 1 COP. The RFP was updated to provide clarity.

https://www.oliverwyman.com/content/dam/oliver-wyman/v2/publications/2018/may/creating-a-sustainable-privatization-program.pdf https://www.oliverwyman.com/content/dam/oliver-wyman/v2/publications/2018/may/creating-a-sustainable-privatization-program.pdf

Q18. Section L.9 Part 2 Indirect Costs (page 103): Can USAID please confirm that offerors may propose ceiling indirect rates that are different than the rates included in the task order cost proposal?

A18. The indirect rates used in the task order contract proposal must be current as described in Section L.9, while the indirect ceilings are the maximum indirect rates USAID will be responsible for reimbursing in any task order issued during the life of the IDIQ.

Q19. Attachment J.1, Section F.5: USAID Personnel Approvals states: “Resumes for key personnel may not exceed four pages in length, and two pages for all other professional personnel. Each resume for key personnel shall be accompanied by a letter of commitment.”

(page 133) However, there is no letter of commitment requirement listed in section L.8 “Instructions for the Preparation of the Technical Proposal” (page 98). Can USAID kindly confirm to offerors if Letters of Commitment are required as a non-counting page as part of the technical proposal for proposed personnel?

A19. Section F.5 of Task Order 1 (Attachment J.1) applies to the post-award phase only. Section L.9 requests a letter of commitment as part of the cost proposal, not the technical proposal. The RFP was updated to provide clarity.

Q20. Attachment J.1, Section F.6: Professional Technical Level of Effort requires: “The Contractor must provide the LOE of professional technical employee, consultant, and subcontractor labor for the contract period of performance specified in Section F.2 above. This labor can be US, third country or local staff and can be long- or short-term labor. It must not include administrative positions such as the Administrative Manager, Finance Manager, Human Resources (HR) Manager, Administrative Assistant, Finance Assistant, HR Assistant, or any other position that has the primary function of providing administrative support to the contract” (page 133). Can USAID confirm that other cross-cutting positions, such as communications and Monitoring and Evaluation labor, should not be included in the total LOE of professional technical employee, consultant and subcontractor?

A20. Cross-cutting technical positions, such as Communications, Environmental, or Monitoring and Evaluation labor, should be included in the total LOE of professional technical employee, consultant and subcontractor labor.

Q21. Attachment J.1, Section F.6: Professional Technical Level of Effort requires: “The Contractor must provide the LOE of professional technical employee, consultant, and subcontractor labor for the contract period of performance specified in Section F.2 above” (page 133). However, in Section L.9: Instructions for the Preparation of the Cost/Business Proposal (beginning on page 102), there is no requirement to submit an LOE table. Can USAID clarify if an LOE table is part of the required submission of the cost proposal?

A21. The LOE table must be submitted as part of the required submission of the cost proposal.

The RFP was updated to include this information.

Q22. Attachment J.1 Section F.6 Professional Technical Level of Effort (page 133), USAID stipulates that the estimated 5,154 LOE days is “an estimate only.” Can USAID provide a minimum or maximum LOE acceptable under the task order?

A22. The level of 5,154 Professional Technical productive LOE days is a requirement. The RFP was updated to provide clarity.

Q23. In Section L.9 (page 108), USAID states “Fee must not be applied to the fee/profit of subcontracts.” Can USAID confirm that Prime Offerors will be able to apply a fee on Subcontractor’s total costs, excluding fee, rather than total contract value?

A23. Confirmed.

Q24. In Section B.5 (page 9), USAID states “Fee must not be applied to Grants Under Contracts (GUCs).” Can USAID provide a Letter of Commitment for GUCs?

A24. For Task Order 1, the following plug figure must be used for GUCs: $1,000,000. Offerors may distribute the plug figure across the three years to fit their proposed approach but must ensure the total amount is equal to $1,000,000. Fee may not be taken on GUCs.

Q25. Section F.2, Page 28. Can USAID provide a start date for the IDIQ and Task Order 1?

A25. It is anticipated that the IDIQ and Task Order 1 will be signed within the second or third quarter of FY 2021.

Q26. Attachment J.1 (Task Order 1)-Section F.5, Page 133. The RFP States “Resumes for key personnel may not exceed four pages in length, and two pages for all other professional personnel. Each resume for key personnel shall be accompanied by a letter of commitment.”

Please clarify that this requirement is only applicable to the Chief of Party / IDIQ Director for the purposes of submission, and that reference to other key and non-key personnel is only in the context of the post-award personnel approvals process. Please also confirm that USAID is not requesting resumes for other Key Personnel or Non-Key Personnel in the RFTOP proposal.

A26. Confirmed. In addition, please see the answers to Question Q16 and Q19.

Q27. Cover Letter, Page 1& Attachment J.1 (Task Order 1)- Section F.6, Page 133. The RFP would appear to essentially be twin activities within one procurement – an IDIQ vehicle, and a first Task Order (TO) within that vehicle. Both the IDIQ and the TO require management and reporting activities, yet USAID appears to have allocated an estimate of 5,154 professional technical staff person days LOE to the TO. In the Technical Assistance LOE estimate table provided by USAID on page 133-134, there is no line item associated with technical support for IDIQ management and reporting requirements.

1. Please explain how anticipated IDIQ technical and reporting activities should be resourced.

2. Please also explain how the Contractor should provide estimates for LOE for administrative positions supporting the IDIQ and Task Order 1.

3. Under the indicative table in F.6 c) Is USAID looking only for recommended Labor Categories with associated LOE, or also for names of individuals proposed to perform the technical work under respective Task Order requirements?

A27. (1) IDIQ management should be allocated across task orders, or funded through indirect costs depending on the Offeror’s indirect cost rate structure. (2) Offerors should budget administrative positions based on estimated need, but they do not count against the TO 1 LOE requirement of 5,154. (3) The LOE table in Section F.6 should be a summary of the LOE per category. Individuals and positions do not need to be named in the LOE table. The detailed cost proposal should break down LOE by position.

Q28. Section L.9 Part 2, Page 103. Section L.9 Part 2 indicates that “Biographical data sheets should be provided for employees in alphabetical order,” and subsequently that “completed biographical data sheets must be submitted for positions with named staff expected to perform on the contract.” Please clarify which employees of the Contractor and which named staff should provide biographical data sheets, or whether this requirement only applies to named Key Personnel in the TO.

A28. This requirement applies to the IDIQ Director/Task Order 1 COP proposed in the technical approach and budget. The Offeror is not required to name other personnel, but if they choose to name them in their proposed staffing plan and/or budget they must submit biodatas for those named personnel.

Q29. Section L.8, Page 102. Please confirm that USAID will accept Past Performances performed within the past three calendar years (2017-2020).

A29. Confirmed.

Q30. Section L.8.b.(5), Page 100. The RFP states “The resume also must have at least three references for each position with full contact information (name, position, relationship, email address, and telephone number).” Please confirm that USAID wants at least three references total for the IDIQ Director / Chief of Party position and not three references per position held in professional history of candidate. If older project references are unavailable due to circumstances beyond the contractor’s control (e.g. retirement, no longer with organization, etc.), will USAID accept references under a more limited time frame?

A30. Please see the answer to Question Q17.

Q31. Page 100 under section L.8.(b).(5) states that offerors must provide a resume for the IDIQ Director/Chief of Party. Included in the resume, USAID requests that “The resume also must have at least 3 references for each position with full contact information (name, position, relationship, email address, and telephone number)”. Please confirm that USAID intends for offerors to provide three references for each proposed candidate rather than three references for each position previously held by the proposed candidate(s).

A31. Please see the answers to Questions Q17.

Q32. On page 42 under section H.3.b it states that "The local salary scale must not exceed the local compensation plan in accordance with AIDAR 722.170." Would USAID please provide the Ukraine Local Compensation Plan?

A32. We are unable to provide the full local compensation plan. The current USAID/Ukraine Local Compensation Plan (LCP) maximum is $68,966 per year.

Q33. Can USAID kindly clarify if the IDIQ Director's resume and letter of commitment may be included in the proposal as an annex?

A33. Please see the answers to Questions Q16 and Q19.

Q34. Would USAID consider separating the IDIQ Director role from the Task Order 1 Chief of Party functions? This would allow the Contractor best address the need for coordination at the IDIQ level in terms of responding to task order requests and overall administration of the mechanism (which is additive to the TO1 SOW that the COP will already manage). Furthermore, given that the period of performance (POP) for the IDIQ contract is seven years and the POP of task order 1 is three years, splitting these two positions would ensure there is no disruption in support to USAID after Task Order 1 is complete.

A34. No, USAID’s preference is to combine the roles of the IDIQ Director and Task Order 1 COP because they are so integrally related. It is anticipated that the IDIQ Director may also play the role of COP in subsequent task orders, or subsequent task orders may have separate and distinct COPs.

Q35. Would USAID consider allowing the staffing plan be included as an annex or alternative allowing it to be included as a table? Furthermore, would USAID consider allowing 8½ x 14” paper to make the table more reader friendly?

A35. No, the staffing plan should not be submitted as an annex and counts towards the page limit. Offerors may use font size 10 for text in graphs, charts, tables, and text boxes, so long as the text is legible. Offerors must use standard A4 paper for all pages of the technical proposal except the past performance matrix and staffing plan, for which Offerors can use legal 8 ½ x 14” paper to make the spreadsheets more reader friendly. The RFP was updated accordingly.

Q36. On page 101 USAID states that Offerors must not present the names for these additional key personnel positions or resumes in the proposal. Can USAID please clarify if offerors are allowed to name home office staff and short-term technical consultants?

A36. Yes, offerors are allowed to name home office staff and short-term technical consultants.

Q37. Will USAID confirm that FFP subcontractor LOE will not be considered as part of the 5,154 LOE as stipulated in the RFP A37. Yes, provided that the subcontract is not a fixed price LOE subcontract.

Q38. B.7 states the fixed fee will be reduced in similar portion if the LOE is not performed.

What is the calculation to reduce fixed fee in similar portion if the total LOE is not performed?

A38. For example, if 80% of the LOE has been utilized to complete the activity, the fixed fee equal to 80% of the total fixed fee amount will be paid. The total fixed fee will be decreased by 20%.

Q39. Would USAID consider combining Parts 2 and 4 of the cost volume into Part 2? This would allow offerors to organize the budget tables and budget narratives in a consecutive order in Part 2 (prime budget table, prime budget narrative, subcontractor #1 budget table, subcontract #1 budget narrative) instead of putting the budget tables in Part 2 and the budget narratives in Part 4.

A39. As long as all information required in the RFP is provided, offerors are welcome to present Part 2 and Part 4 together.

Q40. RFQ L.8, Instructions for the Preparation of the Technical Proposal, Paragraph (8) Past Performance Information (Page 101), states, “The Offeror (including all partners of a joint venture) must provide performance information.” Some Offerors may propose subcontractors who will perform significant work essential to the Statement of Work (SOW) and whose work is integral to the success of this effort; therefore, would USAID be amenable to these subcontractors providing past performance information to demonstrate their experience and capabilities necessary to perform essential portions of this effort?

A40. Section L.8(b)(8) of the RFP was updated as follows: “The Offeror (including all partners of a joint venture) must provide performance information for itself and each major subcontractor (defined as subcontracts that are expected to perform at least 20% or a prominent part of the technical effort). Further instructions on past performance information is provided in Section L.8(b)(8).

Q41. RFQ Section L.9, Instructions for the Preparation of the Cost/Business Proposal, Indirect Costs (Page 106), states, “The Offeror and each major subcontractor must include a complete copy of its most current NICRA or other documentation from its cognizant Government Audit Agency.” Offerors may propose specialized commercial subcontractors, many of whom perform solely on a firm-fixed-price basis, utilizing pricing methodologies that are not based on a cost buildup; can USAID confirm the requirement to provide NICRA documentation is not applicable to subcontractors who will perform solely on a firm-fixed-price basis?

A41. Offerors must provide sufficient information for USAID to be able to determine the price is fair, reasonable, and realistic. If subcontractors have NICRA, they should provide it. Instructions on providing indirect cost information can be found in Section L.9.

Q42. Could USAID confirm that the key personnel resume is included in the 45-page limit?

A42. Confirmed.

Q43. Can USAID confirm that ONLY key personnel (IDIQ Director/COP) and not the other Key Personnel in the Sample Task Order are required to be submitted?

A43. Task Order 1 is not a sample task order - it is a task order that USAID/Ukraine intends to award with the IDIQ. Only the IDIQ Director/TO1 COP must be named in the proposal.

Q44. There are no available reports on the DEC for the SPIGOT activity. Could USAID share the final report or an evaluation for this activity?

A44. There was no final report for this contract since it ended prematurely, and USAID did not conduct an evaluation.

Q45. Could USAID provide a copy of the Ukraine privatization roadmap mentioned on p.13?

A45. The Privatization Roadmap is included as an attachment to this amendment.

Q46. Page 119 of the RFP “the Rada” has a line through it. Is this a typographical error or is the Rada to be excluded from the reform coordination mechanism.

A46. Thank you for noting this typo. This has been corrected in the amended RFP.

Q47. F.6 Page 133 (a). How does the Government define “person-days”? Because most contractors use Total Time Accounting, employees have to record all the time that they work regardless of whether it is paid or unpaid. So If an exempt (professional) person works 10 hours per day he/she will still be paid his/her salary without premium. Although the billing amount of the salary will be unchanged, how would 10 hours count against the total “level of effort”: would it be 1 person-day day or would it be 1.25 days (provided a regular day is on average 8 hours)?

If a ‘person-day” defined as 8 productive hours, would the approval to exceed those hours be required from the CO or internally from the COP in order for them to count towards the total

LOE?

A47. USAID defines a “person-day” as eight hours per day; 2,080 hours or 260 days per year.

No overtime or premium pay is authorized, and contractors should follow their own internal policies for approval to exceed those hours.

Q48. B.8 Page 117 – Is this multi-year Task Order funded in full or will it be funded annually which would trigger the cancellation ceilings?

A48. This task order will be incrementally funded.

Q49. Part 3 – IDIQ Ceiling Indirect Rates. Page 108. Would USAID consider removing ceiling indirect rate requirements for small businesses? Given the current pandemic uncertainties, it is hard to predict the projected rates over the whole period of the IDIQ? If not, would USAID allow us to propose ceiling rates above the current provisional NICRA rates?

A49. Yes, we have clarified in the amended RFP that ceilings on indirect costs are not required for small businesses.

Q50. In L.9 Part 2 – Proposed Costs/Prices, Conferences and Trainings (page 105), the RFP instructs offerors to include other training and conferences for "other than participant training".

a. What does participant training refer to?

b. Can USAID clarify if offerors are required to propose a certain amount of training?

A50. (a) Please refer to AIDAR 752.7019 for the definition of “Participant training.” (b) Offerors are not required to propose a certain amount of training, but are not restricted from doing so if it is part of their implementation approach.

Q51. In L.9 Part 2 – Proposed Costs/Prices, Conferences and Trainings (page 105), Offerors are instructed to identify “the subject, venue, and duration of proposed conferences and seminars”.

Given that the selection of venues will be subject to availability, office location, and possibly other factors that will be determined after award, may offerors leave the venues of conferences and trainings and give a more general approach?

A51. The RFP was updated to exclude the “venue.”

Q52. In L.9 Part 2 – Proposed Costs/Prices, Other Direct Costs (page 106), the RFQ instructs offerors to include costs incurred from Branding and Marking, environmental compliance implementation and monitoring, and security under this line item.

a. Aside from the labor of project staff needed to complete these deliverables, does USAID anticipate additional costs to complete these deliverables?

b. If so, could USAID provide further guidance on anticipated expenses associated with these deliverables, aside from labor?

c. If these deliverables may be achieved solely through labor costs, should the associated costs be accounted for in labor?

A52. This depends on the offeror’s approach and is up to the offeror to propose.

Q53. B.5 Fixed Fee Ceiling (c)(2) states that because FAR 52.216-7 and 52.216-8 are incorporated into this contract, these clauses may apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee. Can USAID confirm any deferral of fees would be after 85% has been billed and not a deferral of the first 15%?

A53. Per FAR 52.216-8, “Payment of the fixed fee shall be made as specified in the Schedule;

provided that the Contracting Officer withholds a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government’s interest.” Once the contractor has billed 85% of the fixed fee, USAID will withhold the remaining 15% (or $100,000) per the clause.

Q54. In L.9 Part 2 – Proposed Costs/Prices, Fee (page 108), offerors are instructed to support rational for their fee with profit-analysis factors. Please provide further guidance on what USAID expects in terms of supporting evidence describing profit-analysis factors. May Fee be applied to GUCs?

A54. Offerors must justify their proposed fixed fee using the factors in FAR 15.404-4. As to the fee on GUCs, please see the answer to Question Q4.

Q55. In L.9 Part 2 – Proposed Costs/Prices, Direct Labor Salaries and Wages (page 104), the RFP states that the maximum salary for CCNs in Ukraine is $65,320. Based on USAID’s responses to questions on another solicitation in Ukraine in 2019, the max rate in the RFP remains unchanged from 2019.

a. Can USAID provide offerors with the full local compensation plan? If not, can they provide the full salary scale?

b. Can USAID confirm that $65,320 was the max rate in Ukraine in 2019, and that the max rate in 2020 was increased by 3%?

A55. Please see the answer to Question 32.

Q56. In F.6.a) (page 133), offerors are instructed to provide LOE estimates for professional technical employee, consultant, and subcontractor labor for the contract period of performance specified in F.2. Offerors are instructed not to include administrative positions in these estimates.

a. Are offerors required to include the LOE table in F.6.c) in their budget narratives for task order

b. If so, where should offerors include this table?

c. Please confirm that offerors must budget for administrative staff for task order 1, and as such, may provide estimates for their anticipated LOE (Admin, finance, HR, assistants, drivers, etc.)

A56. (a) and (b) Please see the answer to Question Q21. (c) Confirmed. However, the estimates for the administrative labor should not be counted against the professional technical LOE.

Q57. For the Task Order Budget, must major subcontractors for the IDIQ be represented at an overall amount of 20% or higher?

A57. Not necessarily. Major subcontractors are defined as subcontractors expected to perform 20% or a prominent part of the technical effort.

Q58. USAID requires completed biographical data sheets, mentioned in multiple areas, including under L.9 Part 2 – Consultants. However, on page 101, USAID also states that offers must not present the names for additional key personnel positions or resumes. Will USAID confirm that only one biodata sheet in total, designated for the COP role, is requested?

A58. Please see the answer to Question Q28.

Q59. The IDIQ deliverables include some early extensive activities, including initial management/financial review, a Performance Monitoring and Learning Strategy, a GUC Manual in addition to regular reporting and ad hoc or special reports. Due to this higher level of management responsibilities, may the contractor direct bill for the IDIQ manager or other home office support for deliverables outlined in section F?

A59. Please see the answer to Question Q27.

Q60. USAID estimates 5,154 professional technical LOE days for Task Order #1. As each contractor has a different number of days in a workweek based on their fringe accounting, can USAID give any guidance on how they will evaluate different policies? For instance, Contractor A may use 260 billable LOE days per year for a long-term standard employee (with a low fringe percentage since they direct bill all vacation/holiday leave) while Contract B may use 230 billable LOE days a year with a higher fringe amount. While numerically the value to the US Government is the same, in this case, Contractor A would be viewed more favorably simply due to its accounting preferences.

A60. Thank you for raising this issue. The LOE of 5,145 days refers to productive days only.

Productive days do not include leave or holidays.

II. PART II – REVISED RFP No. 72012120R00005

Based on the questions received in response to RFP No. 72012120R00005, State-Owned Enterprises (SOE) Reform Activity in Ukraine, the revised version of the RFP is posted. USAID edits/revisions are marked in yellow in the revised document.

[End of Amendment No. 01 to RFP No. 72012120R00005]