LCP_Round_1_Q A_Amendment_No._4_to_the_RFP.pdf

Round One (1) Questions and Answers (Q&A) under RFP No. 294-2012-000008

Q.1 In reference to Attachment J-8 Part II (Performance Assessment), should this part of the attachment be filled by the offeror or by the project client?

A.1 Yes, it needs to be filled by the offeror.

Q.2 As explained in Sec L ,clause II (a&b);

The Offeror must describe its experience in:

a) Implementing individual infrastructure projects with a minimum contract value of

$750,000 over the past 5 years and

b) Implementing concurrent large scale infrastructure projects with a combined contract value in excess of $3,000,000 in one or more of the sectors described in Sections C.8.1.a through C.8.1.d over the past 5 years. Again, contract value refers to the value of the

Offeror’s contract only, not the overall value of the project

Is it acceptable to describe the offeror experience for projects less than 750,000 US $ but more than 3,000,000 US $ in combine and implemented concurrently?

A.2 See amendment item No. 5.

Q.3 Is it acceptable that the authorized person to sign the RFTOP is different than the RFTOP point of contact and negotiation?

A.3 All authorized individuals shall be named in block No. 14 of the first page of Attachment

J-6-A.1.

Q.4 With reference to Attachment J-6-A-1: section L ,clause L4:

I. COVER PAGE (Section A of this RFTOP)

The Cover Page should include the project title, RFTOP number, name of organization(s) submitting the proposal, contact person, telephone and fax numbers, an e-mail address, DUNS number, Tax Identification Number (TIN) and a mailing address (i.e., blocks 8-

16).

Since that blocks form 8 to 16 must be filled by the offeror, is it a must the offeror fill the block no 2,6 and 7 with the exact information obtained from the RFP.

A.4 No, these are pre-filled by USAID.

Q.5 Proposal Submission Address

According to the LCP RFP Cover page, Proposals to be submitted to :

Hourig DelDelian, Sr. Contracting Specialist

USAID/West Bank-Gaza

Office of Acquisition and Assistance

10th Floor, 25 Hamared Street, Tel Aviv, Israel

Fax: + 972-3-511-4888

Phone: + 972-3-511-4821

While in the Page A1, and Section L. the proposal is to be submitted to:

Mr. Bruce Gelband

Contracting Officer

USAID/West Bank- Gaza

Office of Acquisition and Assistance

10th Floor, 25 Hamared Street, Tel-Aviv – Israel

Please confirm that both addresses are acceptable

A.5 See Amendment item No. 4.

Q.6 Registration Requirements:

According to the LCP RFP Cover page, and section L, Offerors must complete in full, RFP Section K - Representations, Certifications and Acknowledgements of the accompanying Request for Proposals. Though Offerors are now expected to comply with

FAR clause 52.204-7, Central Contractor Registration, and complete the annual representations and certifications electronically via the Online Representations and

Certifications Application website at http://orca.bpn.gov

We tried to access the above Orca website, with no success, please advise the proper address to obtain the annual registration and certification?

Also, according to the SAM system, the CCR system is no longer valid and Offerors can only register in the SAM, is it acceptable?

A.6 The link above is no longer accessible. Kindly note the instructions in clause I.3 52.204-

7, CENTRAL CONTRACTOR REGISTRATION (AUG 2012). The clause directs you to the following link: https://www.acquisition.gov to complete the registration. Once in this website, you will be directed to the System for Award Management (SAM), where registration may be completed. The direct link to SAM is:

https://www.sam.gov/portal/public/SAM/ . Yes, CCR has now been merged with SAM and therefore, registration can only be made through SAM.

https://www.acquisition.gov/ https://www.sam.gov/ https://www.sam.gov/portal/public/SAM/

Q.7 It is required that the Partner Information Form (PIF), Attachment No. 10 to this RFP, be completed and submitted with the RFP. Guidance on the appropriate individuals to include in the PIF can be found in Mission Order 21, Section V.C. Per Mission Order No.

21. A eligible vetting result is required in order to receive an award.

We couldn’t find attachment No. 10 in the RFP documents, neither in available downloads, could you provide us with this attachment, or otherwise direct us to the download center where it can be obtained?

A.7 Yes, the form must be submitted with the RFP. Kindly refer to Amendment item No. 1 for the corrected attachment number.

Q.8 Section L.9 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL

PROPOSAL (Basic IQC)

Offerors shall submit a complete technical proposal titled ―Volume I: Technical

Proposal‖

(a) Offerors must organize the technical proposal to adhere to the following outline:

I. Table of Contents, listing all page numbers and attachments

II. Executive Summary

III. Offeror Capacity

IV. Offeror Experience

V. Gender Action Plan

VI. Key Personnel

VII. Past Performance

IX. Annexes:

a. Management Structure Organizational Chart;

b. Resumes for Key Personnel;

c. Attachment J.5 Offeror’s Information Summary;

d. Attachment J.8 Past Performance Report Form.

In the annexes, you haven’t identified the other documents and annexes to be provided as per the details in section L, and other sections; including but not limited to Form 1442, Representations in Section K, K3, K4, and others needed. Please advise the proper location in the proposal structure for these annexes.

A.8 The proper location for those parts is the Cost Proposal. Kindly note Section L.11, Instructions for The Preparation of the Cost Proposal for further information.

Q.9 Section L, Page L10, B. Resources:

The Offeror must also specifically describe what physical resources it currently has to convincingly demonstrate its ability to adequately manage and perform the types of construction work contemplated in the LCP. The description should identify what property, plant and equipment the Offeror currently controls.

In terms of property and plant, the Offeror shall describe what physical resources it currently controls to properly manage and administrate its construction projects.

Please advise if it is required to provide supporting documents to support the described resources; ie; access to credit certificate from the bank, financial statement to support the turnover figures, This question is also applicable for experience records, ie; Projects completion certificates. Is it required to provide CVs for the staff incorporated in the

Company’s management structure?

A.9 No supporting documentation is requested relative to ownership of physical resources.

Resumes should not be submitted except for those required for the Key Personnel.

Q.10 We seek your kind consideration to grant an extension of minimum Three to Four weeks to the RFP closing date since substantial effort is required to prepare and compile the

Technical & Cost Proposals.

A.10 The RFP was extended in Amendment three (3) through November 26, 2012.

Q.11 Section L.11, Part 3, Sub-Part 4 – Evidence of Responsibility, Item (7):

Please specify clearly what sort of evidentiary documents / statements the Offeror is to submit in proof of this requirement.

A.11 Kindly note that Sub-Part 4 provides, under each element, additional clarification references. The last two paragraphs of the clause also clarify what information may be submitted.

Q.12 Per Section L.11, Part 3: Basic IQC Cost Proposal Representations, The Offeror and each proposed subcontractor shall complete each item in section K, "Representations, Certifications, and other statements of Offeror".

Kindly confirm that this is a requirement for both the Offeror and proposed subcontractors.

A.12 Section L.11, Part 3, is for the Basic IQC where no subcontractors are to be proposed and therefore the Certifications and Representations are for the prime offeror only. The offerors shall provide Certifications and Representations for themselves and any proposed major subcontractor under Part 2, Task Order Cost Proposal.

Q.13 Section M provides criteria for evaluation of Contractors' proposals, specifically for the

Basic IQC Technical Proposal, the Task Order Technical proposal and the Task Order

Cost proposal. However, there are insufficient details on how would the Government evaluate the IQC Cost proposal. Please advise.

A.13 The IQC Cost Proposal will not be evaluated individually but will be considered for a determination of eligibility, responsiveness and responsibility.

Q.14 Please clarify whether the IQC cost proposal will be a Lump Sum single figure to be inserted in Block 17 in SF 1442 or a price breakdown is required.

A.14 A cost breakdown is not required in Block 17.

Q.15 Our understanding is that offers validity is 120 days from closing date. Therefore, award decisions will be made within this period. Please confirm, otherwise please advise time frame for Task Orders authorization.

A.15 It is anticipated that USAID will be making an award during this timeframe.

Q.16 In drawing no 1 (List of Drawings) the number of drawings is 31 while the actual no of drawings is 32.

A.16 This is a typographical error. The actual number of RFTOP drawings is 32.

Q.17 In drawing no 32 there is details for Galvanized steel gully to be installed in three locations in the road at stations 1+065,1+140,2+090 but this kind of work is not included in B.O.Q .

A.17 The BOQ is now revised. Please refer to the revised BOQ Rev01 attached to this amendment. Please refer to amendment item No. 14.

Q.18 In RFP Number 294-12-000008- Local Construction Program (LCP), it is stated that

"Joint Ventures may respond under RFP. However, proof of the registered Joint Venture as a local entity as well its registration and classification in the PCU are required at the time of submittal of the proposal".

Our two entities are registered and classified in the PCU and will work under a joint venture agreement. According to the PCU regulations, this agreement will be accepted and signed only by the PCU. The new JV entity will possess the higher classification of the two original entities for the purpose of this RFP only.

Having new registration and classification in the PCU resulted only by merging and eliminating the two original entities. Which is not the case. Please advise.

A.18 The requirement contained in the RFP relative to Joint Ventures (JVs), can be found in section L.11(b), sub part 3. In accordance with this section, all offerors must be registered in the PCU and therefore, it is the responsibility of the Joint Venture Offeror to comply with the subject section.

Please note item No. 6 of the amendment where the requirement for the classification has been removed.

Q.19 Did SAM replace the CCR? If yes, Is the DUNS number enough?? Please advise.

A.19 Please see Answer No. 6. Offerors are required to obtain a DUNs number and register in

SAM.

Q.20 Is it possible to provide us with all attachment tables and forms required to be filled in

MS forms in addition to PDF forms?

A.20 Yes, they are attached to this amendment.

Q.21 Are insurance documents required to be presented in the proposal?

A.21 No.

Q.22 Are forms and attachments to be filled out in this proposal available in word format?

A.22 Please refer to question 20.

Q.23 Do we need to fill out section K and include in this proposal? (related to representation and negotiators)

A.23 Section K Certifications and Representations must be included in the cost proposal.

Q.24 In the cover letter announcing this procurement, there is a reference to the requirement that only Local Companies can be awarded an IQC. However, the reference cited in footnote ADS 302 indicates that the authority relied upon to limit competition only applies to procurements $5,000,000 and under, but the procurement is for

$300,000,000. Even if split among 6 awardees, the contracts will exceed the USAID limitation by a factor of 10. Is it really possible for USAID to issue a $300,000,000

Local Company only procurement when the statutory authority only allows USAID a

Local Company limited competition waiver for procurements under $5,000,000?

A.24 The $5,000,000 limitation is only applicable when the Government intends to limit competition under the Pilot Authority for Limiting Competition to Local Entities.

Q.25 The procurement is described as a local procurement. Under USAID AIDAR clause

725.225-71, Local Procurement contractors are to be paid in local currency. Please advise if local contractors will be paid in local currency so that we can price for exchange rate risk.

A.25 All payments by USAID are anticipated to be in U.S Dollars.

Q.26 Please confirm that under C.8.2. and C.9.2 that all Local Companies will be required to comply with both local laws and U.S. laws pertaining to labor and safety laws and regulations. Please also confirm that in particular all local companies will be held to the

U.S laws and will submit to the jurisdiction of the U.S. for purposes of enforcement.

A.26 Kindly be advised that specific safety and labor requirements are stipulated under the

IQC and each RFTOP.

Q.27 Please confirm that under C.9.4. that all Local Companies will be required to comply with both local laws and U.S. laws pertaining to environmental laws, regulations and controls. Please also confirm that in particular all local companies will be held to the U.S laws and will submit to the jurisdiction of the U.S. for purposes of enforcement.

A.27 Kindly be advised that specific environmental requirements are stipulated under each

IQC and each RFTOP.

Q.28 Please confirm that all Local Companies will be required to submit to the jurisdiction of the U.S. for the purposes of collecting from the Local Company any costs that are disallowed and need to be refunded to USAID.

A.28 Kindly refer to Section H.13.5 of the IQC.

Q.29 Please advise if the limited authority to conduct procurements under $5,000,000 limited to Local Companies only waives any other provisions of U.S. law such as the False

Claims Act, which provides for treble damages and additional fines for false claims.

A.29 All terms and conditions of the award are stipulated in the IQC and each RFTOP.

Q.30 Please confirm that special project companies/joint ventures consisting of Local

Companies and foreign companies can be created for the purpose of pursuing this opportunity and that the past performance of the companies forming the special project/joint venture company will be evaluated (as opposed to subcontractors who will not be evaluated).

A.30 All Offerors must meet the criteria for local entities, including Joint Venture (JVs). All

Offerors will be evaluated relative to all criterion contained in the RFP for each member of the JV. Therefore, Attachment J-8 shall be filled for each firm under the JV.

Q.31 Section C.3 provides a non-exhaustive list of potential work to be performed by the local contractor under this IQC. Timely performance of the work is often a critical factor for the beneficiaries and the Government could reasonably suffer damages for untimely delivery of the work. To that extent, it is unusual that USAID has not incorporated FAR

52.211-12, Liquidated Damages, Construction as part of this RFP. Please confirm that local contractors will be subject to liquidated damages, the amount of which shall be indicated in each subsequent Task Order, in the event of late delivery.

A.31 The subject clause is included in the RFTOP under this RFP and will be included in future RFTOPs, if applicable. Kindly note that Section I is amended under item No. 7 of this amendment to include the subject clause.

Q.32 Section C.9.11.a requires local contractors to submit a gender equality plan. Because the two clauses provided in Section I are not enforced OCONUS (FAR 52.222-26, Equal

Opportunity, and FAR 52.222-27, Affirmative Action), please indicate how USAID intends to enforce adherence to the gender equality plan and what actions may result as a consequence of non-adherence.

A.32 The Gender Action Plan will be incorporated into the award as a term and condition thereof.

Q.33 Section C.3 states that some Task Orders may be issued for design/build (D/B) work. Section B.2 states that USAID intends to issue FFUP order under this IQC. It is industry standard that D/B work is performed on a fixed price lump sum basis because of the Contractor’s inability to adequately estimate quantities for a design that is to be developed as part of the Scope of Work, which opens the doors to numerous variations and changes – a very large administrative burden in addition to the potential rising costs. Please confirm that USAID will include Fixed Price lump sum for D/B work that may be issued as Task Orders under this IQC.

A.33 Issues concerning design/build will be addressed if and when a design/build RFTOP is issued.

Q.34 FAR 52.215-2, Audits and Records, requires contractors to allow USAID to audit its records as it relates to any subcontract or modification that requires submission of a certified cost or pricing data. Please confirm that local contractors will be required to fully cooperate under this provision or be subject to penalties associated with the False

Claims Act or Defective Pricing.

A.34 The U.S Government may access auditing records in accordance with FAR 52.215.2 and reserves its right to pursue any associated penalties.

Q.35 With reference to RFP subject (Page 2), does the option of Joint Venture agreement applicable since the requirement of registered Joint Venture as a local entity is difficult to obtain from the PCU?

A.35 Please refer to answer No. 18 above.

Q.36 Does the force majeure clause applicable in case of considerable fluctuation in the currency rate?

A.36 There is no equitable adjustment clause under the IQC contract or the RFTOP. Future

RFTOPs may contain one.

Q.37 Does the force majeure clause applicable in case of considerable fluctuation in the equipment and materials market prices?

A.37 There is no equitable adjustment clause under the IQC contract or the RFTOP. Future

RFTOPs may contain one.

Q.38 What is the ceiling value of each type of the required insurances?

A.38 USAID will respond to this question in the next amendment to the RFP.

Q.39 With reference to RFP subject (Page 2), registration and classification is required. Please clarify the requirements of the required Classification?

A.39 All Offerors must be registered. There is no classification requirement under this RFP.

Please see item No. 2 of this amendment.

Q.40 Per Section L.11 INSTRUCTIONS FOR THE PREPARATION OF THE COST

PROPOSALS, Offerors are requested to submit completed attachments J-3, J-4 and J-5 of this RFP. Hoverer, our understanding is that J-3 Attachment "PARTNER

INFORMATION FORM" is to be completed post award for vetting purposes. Kindly confirm that Attachment J-3 Form is not required as part of our proposal for current bidding stage.

A.40 Attachment J-3 shall be completed and submitted with the cost proposal.

Q.41 Are LCP projects going to be implemented at West Bank or West Bank and Gaza?

A.41 The place of performance is stipulated in Section F.8 of the RFP.

Q.42 What happens if a contractor is not able to work in Gaza?

A.42 Contractors may choose whether or not to respond to RFTOPs for work in Gaza.

Q.43 Can the contractor submit more than one IQC Program Director curriculum vitae for

USAID’s consideration?

A.43 Only one IQC Program Director curriculum vitae may be included in the proposal.

Q.44 Will contractors get help from USAID with respect to retrieving their money VAT refunds from the PA?

A.44 It is incumbent upon the contractor to comply with all VAT requirements per Attachment

No. J-2 of the RFP. USAID may assist the contractor if needed.

Q.45 Should the contractors abide with local labor tax laws?

A.45 It is the contractor’s responsibility to comply with local laws.

Q.46 Is a bid bond required?

A.46 No bid bond is required under the LCP.

Q.47 Can USAID elaborate on the letter of Performance guarantee and Maintenance Bond periods?

A.47 The performance guaranty shall be in the amount of 10% of the Task Order value for the duration of the Task Order implementation period. The Maintenance Bond is in the amount of 5% of the Task Order value and will continue in effect for one year after the date the last work under the Task Order is accepted by the Government.

Q.48 Will the Maintenance Bond be for 5% of the actual Task Order value?

A.48 Yes.

Q.49 Does USAID deal with certain Banks to get the Performance Guarantee and Maintenance

Bond in West Bank or it is fine to deal with any bank?

A.49 USAID does not select the banks from which contractors will get bonds. However, all such banks shall be established ones.

Q.50 Please be advised that the Maintenance Bond provided by the Banks in the amount of 5% is usually issued after the completion of the Task Order and not at the point of issuing the

Task Order, which would contradict the requirement under the RFTOP.

A.50 Our current practice does not indicate that this would be problematic. However, USAID will deal with this issue if it is raised.

Q.51 In section C, the document illustrates the types of construction activities that the IOC may include. Is drilling and rehabilitation of deep water wells included?

A.51 USAID will respond to this question in the next amendment to the RFP.

Q.52 On the issue joint venture ,the document ( LCP_RFP_Cover_page /page 2 ) says the joint venture is applicable , so I would like to ask some questions :

Q.52.a If the IQC duration will be 5 years, what the minimum duration of the joint venture agreement must be?

A.52.a The duration of the Joint Venture shall be for the duration of the IQC contract through proper close-out.

Q.52.b Could it be that the joint venture between the local party and another from one of the developing countries?

A.52.b The Joint Venture must meet the local entity definition in page 2 of the

RFP Cover Letter.

Q.52.c How many parties can be involved in the joint venture?

A.52.c There is no limitation under the RFP.

Q.52.d How will the experience and capacities of the joint venture be evaluated?

A.52.d Please refer to answer No. 65.

Q.52.e If there any more information in the Documents about this the Joint venture issue, Please guide me.

A.52.e It is the responsibility of the Offeror to review all documents under the

RFP. Please note page L-14 of the RFP.

Q.53 The experience of local company in the other countries (prime contractor or subcontractor ) will be considered ?

A.53 Yes, as long as the firm is registered as a local West Bank and Gaza firm at place of performance.

Q.54 In this stage of IQC proposal you are just asking about one key Personnel (IQC Program

Director ),is that right ?

A.54 One key personnel for the IQC and three key personnel for the Task Order under the

RFTOP.

Q.55 Can Palestinian contractors claim work experience for work performed outside the West

Bank and Gaza.

A.55 Please note answer No. 53.

Q.56 Is there a minimum or certain percentage for females to be submitted in the Gender plan?

A.56 No percentage is specified. It is the offerors responsibility to make strategic decisions on behalf of the company with regards to Gender integration.

Q.57 Will USAID assist to facilitate the approval process for movement of goods, labors and equipment between the West Bank and Gaza?

A.57 It is incumbent upon the contractor to obtain all required approvals. USAID will assist in facilitating such movement as necessary.

Q.58 If a Palestinian company with Palestinian owners but registered in Israel wants to fill the

IQC could it be classified?

A.58 It is the Offeror’s responsibility to meet the eligibility criteria under the RFP.

Q. 59 Attachment J-3: Question 3, what do you mean of the amount & time of proposed award?

A.59 USAID will respond to this question in the next amendment to the RFP.

Q.60 Attachment J-3: Question 4, what do you mean of the assistance? & if we need assistance should we give you reasons for that?

A.60 Please quote the purpose of this RFP as stated in Section C.1 of the RFP.

Q.61 Attachment J-4: Shall we fill this section? if yes, can you explain the items that should be filled?

A.61 Yes, this attachment must be filled. All applicable items should be filled depending on whether or not you have lobbying activities to disclose. Please note page No. 2 of the attachment for further details pertaining to each block.

Q.62 Is USAID going to provide advance payments?

A.62 No advance payments will be allowed, however, the BoQ provides for mobilization costs which will provide financial liquidity.

Q.63 Would USAID consider increasing the number of IQC awardees from 6 to 15?

A.63 The anticipated number of awards remains three to six.

Q.64 It is unfair that USAID is evaluating only roads experience when I am a water contractor.

A.64 The evaluation criterion in the RFTOP addresses the capacity and resources of both the firm and any proposed subcontractor to do the work.

Q.65 If my firm submits a proposal as a Joint Venture, do I include past experience information for each of the members of the Joint Venture?

A.65 Only the experience of the Offeror is considered under the Past Experience criterion. In the case of a Joint Venture, only information relating to the Joint Venture’s past experience will be considered.