MCC-08-0111-RFP-42 Amd 01 Final.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Millennium Challenge Corporation

875 Fifteenth Street, NW

Washington, DC 20005

Attn: Kathy Spainhower, 202-521-2682

9B. Date (See Item 11)

6/24/2008

10A. Modification of Contract/Order No.

X

10B. Date (See Item 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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:

submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGE-

MENT 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 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 Appropriation Data (if required)

N/A

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

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

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

14. Description of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment 01 to solicitation MCC-08-0111-RFP-42 is to 1). Provide corrections to sections of the RFP; and 2). To incorporate Attachment J.3, Task Order #1.

The following changes are incorporated into solicitation MCC-08-0111-RFP-42 as follows:

1. Section C.3 Scope, Paragraph C.3.1

Change “or any other activities to be carried out in the furtherance of the Compact in Compact countries” to “or MCC staff, or any other activities to be carried out in the furtherance of the Compact in Compact countries”

2. Section H, Clause H.6, Key Personnel

Change from:

H.6 Key Personnel (June 2008)

“The contractor shall provide resumes for key personnel if required for individual task orders. All personnel identified in a task order under this contract as key personnel are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Substitutions of key personnel shall be equal to or have greater qualifications than the personnel being replaced.”

Change to:

H.6 Key Personnel (July 2008)

(a) The key personnel specified in this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer; provided, that the Contracting Officer may confirm in writing such diversion and such confirmation shall constitute the consent of the Contracting Officer dictated by this clause. As appropriate, the list of key personnel may be modified during the term of the contract to either add or delete personnel.

(b) The Contractor shall assign to this contract the following key personnel:

PERSONNEL

TITLE

(insert names) Contractor to propose for Basic IDIQ (Insert title) (insert names) Contractor to propose for Basic IDIQ (Insert title) (insert names) Contractor to propose for Basic IDIQ (Insert title)

(c) The Contractor agrees to assign to the contract those persons who are necessary to fill the requirements of the contract whose resumes are submitted with its proposal and who are specifically defined as key personnel. No substitutions shall be made except in accordance with this clause.

(d) In addition, the contractor shall provide resumes for key personnel as required for individual task orders. All personnel identified in a task order under this contract as key personnel are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer.

(e) For all Key Personnel (at the Basic Contract or Task Order Level), with the exception of sudden illness, death, or termination of employment, all requests for proposed substitutions must be submitted, in writing, to the Contracting Office at least thirty (30) days in advance of the proposed substitutions. The contractor must notify MCC within 24 hours of key personnel vacating a position due to sudden illness, death, or termination. The requests for substitutions must provide the information required by paragraph (e) below.

(f) All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for each proposed substitute and any other information requested by the Contracting Officer. All proposed substitutes must have qualifications that are equal to or better than the qualifications of the person being replaced as related to the contract work. The Contracting Officer shall evaluate such requests and promptly notify the Contractor whether the proposed substitution has been approved or disapproved.

3. Section H, Clause H.13 Task Order Process

Paragraph B. regarding Task proposal

Change from: B. Within ten (10) business days after receipt of the Contracting Officer’s request, or other date if specified in the request for task proposal, each Contractor shall submit:

1) A technical proposal for the completion of work to include its technical approach,

2) Data rights for data to be provided

3) A project schedule for completion of individual tasks

4) Cost/Pricing using the labor categories and pricing in Section B, Table 1. New labor categories shall be identified separately and justified as to their need for inclusion. Materials shall be at cost, no fee and the applicable material handling/G&A rate applied. Travel shall be in accordance with FTR regulations. Airfare shall be refundable tickets.

5) Other items specified in the request for task proposal.

Change to: B. Within ten (10) business days after receipt of the Contracting Officer’s request, or other date if specified in the request for task proposal, each Contractor shall submit:

1) A technical proposal for the completion of work to include its technical approach,

2) Proposed data rights for data to be provided

3) A project schedule for completion of individual tasks

4) Cost/Pricing using the labor categories and pricing in Section B, Table 1. New labor categories shall be identified separately and justified as to their need for inclusion. Materials shall be at cost, no fee and the applicable material handling/G&A rate applied. Travel shall be in accordance with FTR regulations. Airfare shall be refundable tickets.

5) The identification of any potential or known Conflicts of Interest (COI)

6) Key Personnel, to include letters of intent, as required by the Task Order Request

7) Other items specified in the request for task proposal.

4. Section H, Clause H.22

Change the title from “CONTRACTS WITH FOREIGN GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS.” to “CONTRACTS WITH FOREIGN GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS REGARDING GOVERNMENT FURNISHED PROPERTY”

5. Section I, Clause I.1Notice Listing Contract Clauses Incorporated by Reference

Add the following clauses:

52.227-18, Rights in Data – Existing Works (Dec 2007)

52.232-16, Progress Payments (Apr 03) with its Alt I (Mar 00) for Small Business; and its Alt II (Apr 03)

6. Section L, Provision L.4.6.1 QUESTIONS RESULTING FROM THE RELEASE OF THE RFP

Change from: “Please submit all questions regarding this solicitation not later than noon (EST) on July 7, 2008 via email to spainhowerk@mcc.gov. All questions shall be submitted in writing. Responses to questions will be posted to the Federal Business Opportunities (FBO) website at http://www.fbo.gov under this RFP #MCC-08-0111-RFP-42. All solicitation information and amendments will be posted to the FBO website.”

Change to: Please submit all questions regarding this solicitation not later than 5:00 p.m. (EST) on July 8, 2008 via email to spainhowerk@mcc.gov. All questions shall be submitted in writing. Responses to questions will be posted to the Federal Business Opportunities (FBO) website at http://www.fbo.gov under this RFP #MCC-08-0111-RFP-42. All solicitation information and amendments will be posted to the FBO website.

7. Section L, Provision L.4.7.2

(A) Change the title from: “ORGANIZATION/NUMBER OF COPIES/PAGE LIMITS” to ORGANZATION/PAGE LIMITS”

(B) Change Table L-1 – Proposal Organization ** for Maximum Page Limit for Volume I, II, and III from “Volume I, II, and III resumes of Key Personnel are excluded from the maximum page limits specified in Table L-1.” to “Volume I, II, and III resumes, to include letters of intent, of Key Personnel are excluded from the maximum page limits specified in Table L-1, however resumes, to include a letter of intent, are limited to 3 pages each”.

8. Section L, Provision L.5.1 Proposal Organization

(A) Change L.5.1.1, Section 3, Section B, Table I and Attachment J.2 of Volume I – Technical Capability and Soundness of Approach:

Change From:

Section 3.

Section B, Table 1 and Attachment J.2, Minimum Qualifications for Labor Categories

Change To:

Section 3.

Section B, Table 1 and Attachment J.2, Minimum Qualifications for Labor Categories, and Resumes, to include letters of intent, of Key Personnel for IDIQ

(B) Change L.5.1.2, Volume II – Attachment J.3, Task Order I shall be organized as follows; and L.5.1.3, Volume III – Attachment J.4, Task Order II shall be organized as follows, Change From:

Section 1:

Factor 1:

Section 2.

Curriculum Vitae for Key Personnel and Descriptions of Ongoing Work

Change To:

Section 1:

Proposed Technical Approach to Demonstrate Capability to Meet Requirements of Task Order, to include a project schedule, and other items specified in the Task Order

Section 2:

Resumes, to include letter of intent, of Key Personnel (**limited to 3 pages each) Section 3:

Potential or Known Conflicts of Interest, if any

Section 4:

Identification of Less than Unlimited Rights Data to be provided, if any

9. Section L, Provision L.6, Volume I – Technical Capability and Soundness of Approach (IDIQ)

(A) Change From: L.6.2 Volume 1,Section 1, Subfactor 2. Demonstrated Capability working with Developing Countries Change To: L.6.2 Volume 1, Section 2, Subfactor 2. Demonstrated Capability working with Developing Countries

(B) Change From: L.6.3 Volume 1, Section 2, Attachment J.2, Minimum Qualifications for Labor Categories

Change To: L.6.3 Volume 1, Section 3, Attachment J.2, Minimum Qualifications for Labor Categories and Resumes of Key Personnel for IDIQ

(C) Add sentence to end of Provision L.6.3 Volume 1, Section 3, Attachment J.2, Minimum Qualifications for Labor Categories and Resumes of Key Personnel for IDIQ as follows:

Add “ Resumes of the Key Personnel for the IDIQ, which were proposed in Clause H.6, Key Personnel shall be included in Section L.6.3 Volume I, Section 3.”

(D) Add the following paragraph:

“L.6.4 Volume 1, Section 4, Existing Course Offerings, Descriptions, Lengths, Pre-Requisites, and Data Proposed with less than Unlimited data rights, if any (See FAR 52.227-14, 52.227-15, and 52.227-18)

The Offeror shall identify any existing courses (already developed curriculum) that it proposed to make available to offer under this contract for instruction. The Offeror shall identify the title, course description, length of course, any pre-requisites for taking such course, and pricing for a class of 20 persons. The Offeror shall also identify what type of data rights it is proposing for use with these existing courses.”

10. Section L, Provision L.9 VOLUME IV – COMBINED PAST PERFORMANCE AND BUSINESS/PRICE

(A) Change L.9.2 Volume IV, Sections 2, 3, and 4 - Business Proposal, Paragraph 1.A Change From: “A. Volume IV, Section 2: Offerors shall submit a completed and signed SF 33. Blocks 13 and 14 (as applicable), 15A, 15B, 16, 17, and 18 shall be completed and returned in Section 2. Block 18 shall be signed by a representative of the organization authorized to bind the organization in a contractual arrangement.”

Change To: “A. Volume IV, Section 2: Offerors shall submit a completed and signed SF 33. Blocks 13 and 14 (as applicable), 15A, 15B, 16, 17, and 18 shall be completed and returned in Section 2. Block 18 shall be signed by a representative of the organization authorized to bind the organization in a contractual arrangement. The Offeror shall also complete Clause H.6, Key Personnel, identify any potential or known Conflicts of Interest, and any items offered with less than unlimited data right in this section.”

11. Reverse merely the order of Provisions L.9.6 and L.10 as they appear in the RFP as follows:

Reverse to read as follows:

L.9.6 Volume IV, Section 7 - Completed Electronic Pricing Templates and Electronic Copies of the Proposal (Volumes I-IV)

L.10 The pricing proposal shall consist of an accurate and complete information. No pricing information shall be included in the Technical Proposal. All pricing shall comply with the requirements of Section B; be applicable for the period(s) indicated; and be consistent with the Offerors approved Defense Contract Audit Agency rates, or other officially designated audit agency for rate approvals, standard accounting practices, and most recent Negotiated Indirect Rate Agreement (NICRA) to support proposed handling fees on ODCs, as applicable.

12. Section M – Evaluation Factors, Provision M.7 Change M.7 Contracting with Small Business Concerns and Disadvantage Enterprises Change From: M.7 Contracting with Small Business Concerns and Disadvantage Enterprises “MCC encourages the participation of small business concerns and disadvantaged enterprises in this program in accordance with FAR Part 19. Accordingly, MCC intends to make award to one or more small businesses or minority educational institutions if rated “satisfactory” or above in the technical capability factor. Any award made to a small business using the terms of this clause shall include FAR 52.219-14, Limitations of Subcontracting to ensure small business or the minority educational institution is performing the majority of the work under the awarded contract. Large businesses, non-profits, foreign entities, and educational institutions may be considered for award only if they are rated above “satisfactory.” This provision may affect overall ranking of Offerors.”

Change To: M.7 Contracting with Small Business Concerns and Disadvantage Enterprises, and Evaluation of Subcontracting Plans “(a) MCC encourages the participation of small business concerns and disadvantaged enterprises in this program in accordance with FAR Part 19. Accordingly, MCC intends to make one award to the small business or minority educational institution (HBCU/MI) which is the highest ranked Offeror amongst the small business concerns and disadvantaged enterprises. The MCC will first evaluate and rank all Offerors using the full and open competition procedures in Provision M.3.1. MCC will then assess the size status for the highest ranked offerors to determine if the M.7(a) provision is warranted. The Provision at M.7(a) will only be applicable if no small business or minority educational institution (HBCU/MI) entities are among the highest ranked Offerors selected for an IDIQ award. As this provision may affect overall ranking of Offerors, any award made to a small business using the terms of this clause shall include FAR 52.219-14, Limitations of Subcontracting to ensure small business or the minority educational institution is performing the majority of the work under the awarded contract. Any award made to a small business without using the terms of this clause shall not include FAR 52.219-14, Limitations of Subcontracting.

(b) Offerors shall submit a subcontracting plan, if applicable, considering the MCC subcontracting goals in Clause H.24, MCC Subcontracting Goals, and FAR Part 19 for the contents of a Subcontracting Plan. The MCC shall evaluate each subcontracting plan on a “pass/fail” basis.”

13. Section J, Attachment J.3 is changed as follows:

Change From:

J.3 TASK ORDER #1: “Procurement Training for Malawi for Compact Development” Change To:

J.3 TASK ORDER #1: “Procurement Training for Malawi for Compact Development” Incorporate for Reference, Attachment J.3, Attachment A, GOM Procurement Capability Assessment (PCA), plus Annexes 1-6 and Attachment J.3, Attachment B, GOM Procurement Capacity Development and Systems Strengthening Plan (PCDSSP), plus Annexes 1-2.

ATTACHMENT J.3

TASK ORDER #1 FOR

PROCUREMENT TRAINING FOR MALAWI FOR COMPACT DEVELOPMENT

TASK ORDER SECTION B: SCHEDULE OF TASK ORDER SUPPLIES/SERVICES

BASE PERIOD (EFFECTIVE DATE OF TASK ORDER – OCTOBER 31, 2009)

Description

Hours

Rate Labor for Capacity Building Needs

See Table A

See Table A Assessment, Training and Development, and Related Short-Term Support Services as identified and required for completion of

Task Order #1 for Procurement Training for Malawi for Compact Development Table A: Table A provides a breakout of estimated labor costs for Task Order #1 proposed on a time and material basis using the labor categories and associated labor rates provided in the basic IDIQ contract in Section B, Table 1.

Offeror to add rows as required:

Labor Category

Direct Labor Total

Task Order #1 Ceiling $_______ Other Direct Costs: Includes Materials, Equipment, Facilities (No construction

NTE $________

permitted), Shipping, Transportation/Travel, and other approved direct costs. (See IDIQ B.6)

Material Handling Fee/

G&A on ODC’s (As proposed on IDIQ)

___% x $______

ODCs Total

ODC Ceiling Task Order #1 Base Period Total Ceiling $________

SECTION C: STATEMENT OF WORK FOR TASK ORDER #1

C.1 AREA OF FOCUS: PROCUREMENT

The MCC has selected Malawi as the first Compact Development country to receive funding under the training and capacity building program. The Government of Malawi (GOM), with funding from donors, is currently developing a National Capacity Development Program. As part of this exercise, the GOM has already carried out capacity assessments for cross-cutting areas where it intends to focus more attention: Program and Project Management, Procurement, Public Finance and Auditing, Public Service Management, Human Resources Development and Information and Technology. Of these focus training areas, the GOM has selected Procurement training as a priority and has requested MCC funding to implement a training and capacity building program in this area based on the recommendations of a Procurement Capacity Development and System Strengthening Plan (PCDSSP), provided as Attachment J.3, Attachment B of this Task Order. The PCDSSP, was developed based on the findings of the Procurement Capacity Assessment (PCA) (see Atch, J.3, Attachment A) that was completed with the support of donors. The PCA set out to accomplish the following:

· Measure progress since earlier diagnostic exercises, in particular the Country Procurement Assessment Report of 2004.

· Review the existing procurement capacity, including the legal framework and structures in place and the compliance and performance levels of the system.

· Serve as a baseline against which to measure future progress.

The PCA was carried out using the Organization for Economic Cooperation and Development, Development Assistance Committee (OECD-DAC) Methodology for Assessment of National Procurement Systems which uses a detailed and operational assessment framework under four pillars:

· Legislative and regulatory framework (Pillar 1)

· Institutional framework and management capacity (Pillar 2)

· Procurement operations and market practices (Pillar 3)

· Integrity and transparency of the procurement system (Pillar 4)

Although the PCA covers a broad range of issues covering capacity development, the scope of the MCC funding is limited to training and capacity building. Therefore, the summary findings of the PCA focus on issues related to knowledge, training and learning.

C.2 SUMMARY OF PROCUREMENT CAPACITY ASSESSMENT (PCA) AND PROCUREMENT CAPACITY DEVELOPMENT AND SYSTEM STRENGTHENING PLAN (PCDSSP) The PCA noted that a comprehensive national training policy for the procurement area has been developed, covering training and capacity development strategies four years ahead. The training policy covers a wide range of training and capacity development activities targeting the needs (previously established by diagnostic study) of GOM Office of the Director of Public Procurement (ODPP) staff, the Specialized procurement units (SPUs), the Internal Procurement Committees (IPCs), and those affected by the functions of the ODPP. The content of the training policy is widely being adopted by the ODPP and the major initiatives of each part of the training strategy are in the process of being conducted.

The assessment team noted the following key issues related to the procurement operations and market practices:

1) Most procuring entities have inadequate procurement competence levels. The lack of adequate procurement competence levels in procuring entities (large parastatals being a key exception) is perhaps the single most important challenge to the development of an efficient procurement system. This is the case both for SPU staff and IPC members. The lack of procurement proficiency furthermore covers a wide range of areas from a basic understanding of the legal framework in place and a core understanding of what is considered good procurement practice to a detailed technical understanding of how to use standard bidding documents, how to develop technical specifications, how to apply evaluation criteria, etc. It should be noted that training aimed at upgrading the procurement proficiency of procurement officers is currently carried out by the ODPP. However, the training process is still in its initial phase and much sensitization, training, and HR capacity development still remain to be provided.

2) The available long-term and short-term training is not consistent with demand. The short-term public procurement courses offered do not cover the existing demand. All procurement entities (PEs) visited by the assessment team expressed a need for further training and sensitization in a variety of areas. So far, the short-term training provided has largely targeted the heads of procurement units rather than the staff actually undertaking procurements on a day-to-day basis.

3) The procurement training supply available for the private sector is very limited. Short-term sensitization and training programs on public procurement for the private sector exist, although at present on a very limited scale. At the time of writing, a total of three short-term workshops targeting private sector participants have been delivered by the ODPP (to be followed by additional sessions) while short-term training courses and workshops provided by other institutions to target suppliers are virtually non-existent. This is the case in spite of the fact that the training needs and demand among private sector participants in the public procurement market are very high.

4) Few effective mechanisms exist for partnership between the public and private sector. The Government does not have any significant programs to help build capacity among private companies (particularly Small & Medium Enterprises -SMEs) to facilitate their procurement market access.

Based on the validated findings of the PCA, a short-term and medium-term Capacity Development and System Strengthening Plan (PCDSSP) for procurement was developed. The PCDSSP includes both a short-term strategy and a medium-term strategy for procurement capacity development until 2012. Section 3.2 of the PCDSSP forms the basis of the required training curriculum to be developed and implemented in this Task Order #1.

C.3 OBJECTIVES AND SCOPE

The objectives of the task order are as follows:

A. Increase supply of short-term training options for procuring entities

B. Support the GOM in efforts to scale up sensitization workshops for the private sector

C. Support the GOM efforts to provide sensitization workshops targeting the management level in civil society

The scope of the activities shall include short-term training, outreach and providing support to the GOM in efforts to scale up sensitization workshops in procurement. The worshops are described in Section 3.2.1, 3.2.3, and 3.3.2 in the Plan. The target group will consist of up to 400 GOM staff and 200 members of the private sector. The training activities shall be conducted in English.

The following sections of Section C.3 of this Task Order are slightly modified versions of Section 3.2.1, 3.2.2, 3.2.3, and 3.3.2 of the GOM PCDSSP. These modified sections are descriptions of the requirements for what the MCC-funded capacity building program will entail. See attached Government of Malawi (GOM) PCA and GOM PCDSSP for contextual information.

(A) INCREASE SUPPLY OF SHORT-TERM TRAINING OPTIONS FOR PROCURING ENTITIES

The development of an intensified and broadened short-term training supply for procurement officers and other staff involved in the procurement process at PE level should be a top priority for the ODPP in the coming years. Although short-term training and sensitization is already being conducted on a number of topics, increased training – in the form of intensified training on existing topics and introduction of new training topics – remains one of the most vital factors in developing a competent procurement workforce.

While the short-term training delivered up to now has largely targeted senior staff heading procurement activities at PE level, the short-term training delivered under this Task Order should change the approach towards non-senior staff members working in SPUs, IPCs and de facto procurement functions. In this way, the requirement strategy aims to alleviate the procurement competencies of those staff actually carrying out procurements at PE level.

Training sessions should take as a starting point the daily work of procurement officers and be based on practical examples, case studies and exercises illustrating the relevance of the training topic to the daily work of the participants. Interactive learning methods should be applied as much as possible, and the training should allow participants to simulate realistic work situations.

While short-term training activities have already taken place in many areas, the following areas require intensified training:

1) Standard Bidding Documents (SBD): Introduction to the purpose of SBDs; the different types of documents; the requirement to use SBDs; the importance of using the correct SBDs; how to use different SBDs; where to ask if the procurement officer needs more assistance on how to use the SBDs; how to assist suppliers in responding to the SBDs. The training should also include instructions covering SBDs for routine services.

2) The Act, Regulations and Desk Instructions: Introduction to the documents and their use; their importance to the work of the PEs; how to obtain a copy of the documents; who to consult when further guidance is needed.

3) Uploading of procurement information: Introduction to the uploading mechanism in place; requirements related to publication of procurement information; step-by-step guide to uploading of procurement information; who to consult in case of problems; etc. The training in this area should preferably be preceded by a review of the existing uploading mechanism;

In addition to the above training activities to familiarize attendees with related subjects, the findings of the PCA also suggest a need for sensitization and new training programs, in particular in the following areas:

1) Complaint review framework: Introduction to the three-tier complaint system; the PE complaint procedures; how to handle complaints from bidders; how to deal with verbal complaints; when and how to advise bidders to complain; requirements to publicize complaint decisions; how to upload complaint decisions (to be included in the training when a mechanism for electronic collection and publication of complaint decisions has been developed); who to consult regarding questions about the complaint procedures.

2) Technical specifications: Definition of generic and neutral specification; requirements for technical specifications; how to develop generic specifications; typical pit-falls; use of standard specifications; who to consult when further assistance is required. The training should target both procurement officers, technical staff in user departments and advisors from the specialized entities.

3) Evaluation criteria: Introduction to different types of evaluation criteria; the requirements related to use of evaluation criteria; when to apply which criteria; how to employ the selected evaluation criteria during evaluation; who to consult if more information is needed. The training in this area should target both procurement officers, technical staff in user departments and advisors from the specialized entities.

4) Procurement planning: Introduction to the importance of procurement planning; the requirements related to procurement planning; the tools available to carry out procurement planning; the role of the procurement officer in procurement planning; how to deal with unexpected procurements; etc.

5) Record keeping: Introduction to the importance of good record keeping; requirements as to which types of documents should be filed; filing system requirements; other record keeping requirements; how to restructure record keeping in the PE; how to handle the common challenges to record keeping; etc. The training on good record keeping practices should also include training on best practices in electronic filing systems. The training delivery in this area should be preceded by the establishment of agreed good practice for record keeping.

6) Contract execution: Introduction to the importance of good contract execution; the obligations of the procurement officer during contract execution; how to administrate contracts for different types of goods, works and services; how to cooperate with user departments during contract execution.

The selected contractor(s) shall be required to review the relevant sections of the GOM PCDSSP and propose appropriate designs for training courses in the aforementioned areas. The training courses should be comprehensive in nature for each given subject.

All trainings should be aligned with the guidelines developed for the various areas. It is essential that the use of both guidelines and other available resources are actively promoted during training sessions.

The GOM plans to evaluate the performance of procurement staff post-training in relation to the following targets:

· 90% of all procurements use appropriate SBDs

Act, Regulations, Desk Instructions:

· 95% of PEs in the Institution Compliance Assessment have copies of the Regulations

· 95% of PEs in the Institution Compliance Assessment have copies of the Desk Instructions Publication of procurement information:

· 95% of procurement plans, procurement notices and contract awards on website

Complaint procedures:

· 95% of PEs are aware of procedures for review

· >10 written complaints received per PE per year (average)

Technical specifications:

· 50% of procurements have adequate technical specifications

Evaluation criteria:

· 95% of procurements have adequate evaluation criteria

Procurement planning:

· 75% of all procurements are in accordance with previously defined procurement plans

Record keeping:

· 50% of PEs use proper filing systems

Contract execution:

· Improve score in 2009

(B) SUPPORT TO GOM IN EFFORTS TO SCALE UP SENSITIZATION WORKSHOPS FOR PRIVATE SECTOR The PCA pointed to a broad lack of procurement awareness among potential bidders on the procurement market. Evidence of this is found in the fact that many bidders find themselves unable to understand and respond to the Standard Bidding Documents, use the existing formal complaint channels, etc.

The purpose of this strategy is to scale up the sensitization workshops carried out for the private sector, hereby enhancing the capacity and competitiveness of the suppliers.

Sensitization workshops should be designed to accommodate the private bidders’ perspective on the procurement process by being problem-based and provide operational advice, tips and tricks, while avoiding legalistic and theoretical approaches to procurement.

Topics included in the sensitization workshop should include:

1) The role of the ODPP: The role of ODPP in the procurement system; the role of the ODPP towards private suppliers.

2) The role of the PE: What to expect from the PE in the bidding process; how to deal with irregularities.

3) Standard Bidding Documents: How to complete the different sections of the SBDs; how to deal with frequently quoted barriers such as legal terminology, collateral, and lack of access to credit.

4) The complaint mechanism: Introduction to the importance of submitting complaints, including how, when and why to do so.

5) Reporting corruption: Overview of where, when and how to report instances of corruption in procurement.

6) Where to find more information: Overview of the various channels of advice available to bidders and suppliers, including the ODPP website, the ODPP helpdesk (see also MT-15); and the guidelines developed for bidders (see also ST-12).

(C) SUPPORT THE GOM IN EFFORTS TO PROVIDE SENSITIZATION WORKSHOPS TARGETING THE MANAGEMENT LEVEL IN CIVIL SOCIETY The PCA found that the level of social audit and control exercised by civil society and media organizations in the procurement areas is limited, the main reasons being a low awareness about the importance of procurement on service delivery and a lack of capacity (e.g. leadership and skills set) to get involved in the area.

For the above reasons, the GOM strategy seeks to enhance awareness and leadership capacities through sensitization workshops for the management level of designated civil society organizations.

Sensitization workshops should focus on such issues as:

1) The importance of public procurement to service delivery.

2) The public procurement set-up and framework in place.

3) The key issues facing the procurement system.

4) Existing tools in place to monitor public procurement (e.g. the OECD-DAC assessment methodology, the United Nations Development Program (UNDP) Procurement Capacity Assessment Tool, the monitoring tools applied by the ODPP)

5) How to stay updated on public procurement issues (e.g. The ODPP website, subscription to The Public Procurer, etc.)

6) The importance of civil society organizations in conducting social audits and enhancing the integrity of the system)

C.4. Services

The specific assignments within each task include, but are not limited to, the following:

C.4.1 - TASK I: Review the PCA, PCDSSP, and other relevant documents. In coordination with MCC and GOM, the contractor shall validate and update the findings and recommendations from the existing documents to bring to current state of affairs.

Malawi’s existing GOM-led capacity assessment for procurement stresses the importance of sound procurement practices for managing development projects and highlights current capacity deficiencies. The selected contractor shall conduct a rapid review, verification and update of assessment findings in-country. Upon completion of this review, the contractor shall draft a summary report that validates findings, highlights any updates and provides recommendations for Sections 3.2.1, 3.2.3, and 3.3.2 of the PCDSSP.

Following completion of the draft report, the contractor shall set up a series of consultations with relevant GOM ministries and agencies and MCC to share its recommendations and obtain feedback. The contractor should reach agreement with the GOM and MCC on the approach for building capacity in procurement in Malawi. If there is not a convergence of views on the priorities between the contractor, MCC, and GOM, additional discussions will need to be held until agreement is reached. MCC has final approval and the MCC COTR (or designated Project Manager) has final approval rights on acceptance of reports.

C.4.1 - TASK II: Development of activity plans based on approved summary report from Task I.

The contractor shall develop activity plans that center around the following:

a. Training Plan to meet the needs of procuring entities in the GOM, as identified in Section 3.2.1 of the PCDSSP;

b. Sensitization Workshop Plan for the private sector, addressing gaps identified in Section 3.2.3 of the PCDSSP; and

c. Sensitization Workshop Plan for the management level of civil society, addressing needs identified in Section 3.3.2 in the PCDSSP.

The plans shall include, but not be limited to, information on courses/topics, budget, logistics, target audience, training locations and project plans-start/stop dates.

For the sensitization workshops, the contractor shall deliver to GOM relevant materials and training per plans in Paragraphs D.2 (b) and (c). These plans shall also provide practical advice for how these groups can be further involved in public procurements in Malawi.

C.4.1 - TASK III: Based on the approved plans, the contractor shall develop a procurement capacity building curriculum and workshop materials to meet the needs described in the assessment.

Once the plans are approved by MCC, the contractor shall develop detailed curriculum and workshop materials in line with the topics and objectives specified in Section C of this Task Order. This shall include, but not be limited to, the following services:

1) Curriculum/Course Development (Basic to Advanced as required) – Curriculum for the planned capacity building experiences offered to the GOM to close gaps in procurement. Course Development for the creation of related separate units of instruction in a subject, made up of training, presentations, guidance, lectures, practical exercises, etc.

2) Curriculum/Course Mapping – Mapping to outline a particular course of action intended to achieve the desired training results. It should be a guide to what courses or other elements are required to close the identified gaps in procurement capacity.

3) Course Outlines/Descriptions – Provide a comprehensive summary of the content covered in the procurement course.

4) Sensitization Workshop Content – Provide a comprehensive summary of the content covered in the sensitization workshops.

5) Preparation, Reproduction, and Transportation of Course, Workshop, and Administrative Materials – Preparation is the activity of putting or setting in order in advance the content, materials and logistics for capacity building training tasks. Reproduction is the making, reproduction or copy of materials and other components of training or administration needed for successful delivery. Transportation is the means in which to ensure all training and administrative materials are accurate and available to the students at the time of training at the specified training location.

In providing these services, the contractor shall be responsible for all in-country logistics, including the provision of training facilities and any translation or interpretatin for all services and training materials.

C.4.1 - TASK IV: With a partner organization/institution that is familiar with the local context and thematic area, deliver training programs to the targeted audiences in Malawi, and provide support to GOM for sensitization workshops.

In the area of training, the contractor shall work with a partner organization in-country, which has relevant experience teaching in the field of procurement. Collaborating with the partner organization, the contractor shall deliver the developed training program in-country depending on learning needs of the targeted audience(s). As described in the introduction of this TO, the training sessions should be based on practical examples, case studies, and exercises illustrating the relevance of the training topic to the daily work of the participants. Interactive learning should be used as much as possible. Training should be appropriately geared to audiences with a range of levels of previous understanding/familiarity with the subject matter (i.e. an in-depth course offering for new GOM officials performing a given role, a “refresher” or advanced course for more experienced officials).

C.4.1 - TASK V: Conduct a self-evaluation at the conclusion of the training program.

The contractor shall prepare and submit to MCC an evaluation at the end of the training program to assess the strengths and weaknesses of the program.

C.4.1 - TASK VI: Provide post-training support, as needed.

This post-training support shall be limited to a period not to exceed 6 months after completion of the training. Post-training support could take the form of coaching, short-term technical assistance, on-line technical support, etc.

C.4.1 - TASK VII: Participate, as requested, in evaluations of the program led by an outside evaluator selected by MCC.

The Contractor shall participate in assisting MCC with Congressional and/or U.S. Federal Government with independent assessments, audits, and/or evaluations, inspections, or by other entities, and MCC self-assessments, which occur within the period of performance of the task order, as requested by MCC. MCC may conduct an independent evaluation of this capacity building program to determine whether this program should be replicated in other countries. In light of this, MCC may hire an independent evaluator to review the program outcomes vis-à-vis original objectives and make recommendations as to whether this type of program should be funded by MCC in the future. MCC shall require that the contractor(s) hired to provide the capacity building program for Malawi shall cooperate as needed with MCC and the outside evaluator, providing responses to questions and supplying all relevant documents.

Attachments to J.3 provided for informational purposes only

Attachment J.3, Attachment A, Procurement Capacity Assessment

Attachment A, Annex 1, Baseline Indicators Assessment

Attachment A, Annex 2, Compliance and Performance Indicators Assessment

Attachment A, Annex 3, Redacted List of Stakeholders Interviewed

Attachment A, Annex 4, List of Written Sources Consulted

Attachment A, Annex 5, Data Collection Guide

Attachment A, Annex 6, Interview Guide, Procuring Entities Attachment J.3, Attachment B, Procurement Capacity Development and System Strengthening Plan

Attachment B, Annex 1, Timing and Sequencing of Capacity Development Strategies

Attachment B, Annex 2, Capacity Development Strategies Worksheet F.3

TASK ORDER PLACE OF PERFORMANCE

The place of performance for Task Order #1 will be at the Contractor’s facility, and in country (Malawi) within reasonable proximity to target audiences. Extensive international travel will be required during the performance of this requirement. Some reporting/presentation services will be required at the MCC facilities at 875 15th Street N.W., Washington D.C. 20005.

F.4 TASK ORDER DELIVERABLES

All deliverables shall be submitted in electronic form, MS compatible format, where feasible, and in hardcopy as necessary and/or required. Deliverables shall be considered “draft” upon initial receipt. Drafts shall be reviewed and accepted or concerns raised/comments provided within two weeks of receipt. The contractor shall appropriately address the MCCs’ concerns and provide final deliverables within one week of receiving the MCC response.

1. C.4.1 TASK I – Delivery of a report (estimated 3-15 pages) that summarizes recommendations due 4 weeks after effective date of task order (EDTO), estimated due date is November 30, 2008 (assuming effective date of task order is November 1, 2008).

2. C.4.1 TASK II – Delivery of activity plans for training and sensitization workshops (estimated 10-15 pages each) due 2 weeks after Task I report is accepted by MCC (estimated due date of December 19, 2008 (assuming two weeks for MCC to review and approve/accept).

3. C.4.1 TASK III –Delivery of a training curriculum including course materials, course mapping, course outlines and descriptions, as well as sensitization workshop content, 4 weeks after Task II is accepted by MCC, (estimated due date January 16, 2009, assuming two weeks for MCC to review and approve/accept). Revise as required. Approved course materials provided for training/workshop participants, shall be delivered at the time and to the location of the training/workshop. The Contractor shall provide one (1) final approved copy to the MCC COTR.

4. AND 5. C.4.1 TASK IV and V - Delivery of a final report (estimated 20-30 pages) two weeks after all training has been delivered that summarizes the outputs from training and sensitization workshops, results (i.e. number of people trained, summary of course evaluations, pre and post test information if available, training results, etc.), as well as initial lessons learned from the program delivery. At a minimum, the report should include course materials, attendees list (course roster), pre/post test results, surveys and participant evaluations.

6. C.4.1 TASK VI – Proposal for delivery of post-training support describing approach, timeframe and report summarizing results. Report due two weeks after post-training support ends.

F.5 PLACE OF DELIVERY

Delivery shall be F.O.B. Destination to destinations identified in each task order and the following address set forth below:

Millennium Challenge Corporation

875 Fifteenth St. N.W.

Washington, DC 20005

Or as otherwise directed by the Task Order COTR or a designated MCC Project Manager (PM)

H.1 CONTRACT TYPE (JUN 2008)

This is a time and material task order.

H.6 KEY PERSONNEL

In accordance with IDIQ Clause H.6, the Key Personnel positions for this Task Order include:

Task Order Program Manager

Training Lead (in Country) for Malawi

Curriculum Developer (Sr.)

Certified Instructor I

All personnel proposed shall meet the minmum qualifications in Attachment J.2, and IDIQ Clause H.16, personnel qualifications.

H.18/19 – ORGANIZATION CONFLICTS OF INTEREST

The Offeror shall identify in its proposal any potential or known Conflicts of Interest it, or any teaming partner/subcontractor, has pertaining to this Task Order

I.1 – LIMITATIONS ON DATA RIGHTS

The Offeror shall identify any data or software to be delivered and/or incorporated into its curriculum or workshop or training materials with less than unlimited data rights.

I.7 LEVEL OF SECURITY CLEARANCE (Mandatory Subcontractor Flow down)

To be added by amendment

SECTION L – INSTRUCTIONS TO THE OFFEROR FOR TASK ORDER 1

(A) In accordance with Clause H.13, Task Order Process, and Sections L.4.7.2, L:5.1.2, and L.7 of the Basic IDIQ solicitation, the Offeror shall provide the following information in its TO #1 proposal.

1) A technical proposal for the completion of work to describe the Offerors technical approach of the project; to describe its methodologies for achieving the program goals and how it proposes to utilize best practices in capacity building and training/instruction; to describe its methods to be used used to produce the required deliverables; and to describe its ability to meet the customers need through quality and performance; to identify any unique or innovative approach or methods it intends to implement that will optimize operating efficiency and maintain cost control; to describe how local in country staff will be utilized to largest extent possible; and to describe its approach for services provided in the TO to be sustainable.

2) Proposed data rights for data to be provided

3) A project schedule for completion of individual tasks

4) Cost/Pricing using the labor categories and pricing in Section B, Table 1. New labor categories shall be identified separately and justified as to their need for inclusion. Materials shall be at cost, no fee and the applicable material handling/G&A rate applied. Travel shall be in accordance with FTR regulations. Airfare shall be refundable tickets.

5) The identification of any potential or known Conflicts of Interest (COI)

6) Resumes for Key Personnel, to…