Amendment_2_-_RFP_No._RFP_294-13-000005.pdf

5. PROJECT NO.

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

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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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment of each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC-

KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

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is required to sign this document and return ___________ copies to the issuing office. is not, 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.

15C. DATE SIGNED

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SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY /S/ May 26, 2013

Contractor X

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 STANDARD FORM 30

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

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(SEE ITEM 13)

(X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

1 3

02 May 26, 2013 NA

To all Offerors/Bidders

294-13-000005

05/10/2013

X

X X

N/A

The purpose of Amendment No. 02 to Solicitation No. 294-13-000005 is to provide answers to questions received related to this RFP and to amend the RFP as further described in this Amendment.

All other terms and conditions of the RFP remain unchanged.

The closing date and time for this RFP remains unchanged.

(See continuation pages and Attachment 1)

Bruce Gelband

Contracting Officer

Office of Contracts Management

USAID/West Bank and Gaza

C/O U. S. Embassy

71 Hayarkon Street

Tel Aviv, Israel 63903

See Block 6

RFP 294-13-000005

Amendment No.2

The subject RFP is hereby amended as follows:

I. Section F.5 “Reports and Deliverables or outputs” , subsection 2

“Performance Management Plan”, DELETE the second paragraph in its entirety and INSERT the following in lieu thereof:

“The indicators will be used to measure outputs, outcomes, and impacts in achieving the program objectives. Furthermore, continuous monitoring of a limited number of indicators will be used to develop implementation tactics and strategies.

Performance will be monitored using data generated by the project, third-party survey data, and, importantly, impact data generated by external organizations. Below is an illustrative list of indicators for the project:

Percentage increase in public satisfaction with the timely services provided by justice sector institutions, such as Notary

Public, Notification, and Justice Record services. The delivery of these services in a timely manner reflects the efficiency of these departments.

Percentage increase in users' satisfaction with performance of targeted Family Courts. Given their role in serving the public, it is important to enhance their efficiency which will help in increasing public respect and confidence in these institutions.

Percentage of disposed cases compared to newly filed cases improved (from __ to __ %). This indictor will help in measuring the effectiveness of regular and family courts in disposing the cases ad providing timely litigation services.

Percentage increase in the number of practical teaching activities adopted and implemented by the targeted law schools. This indicator will help in demonstrating the impact of practical teaching approaches and activities on the law schools.

Increased percentage of citizens using/accessing services from PA justice sector institutions

Percentage increase of (1) judges, (2) court administrators, and

(3) justice sector personnel who possess the necessary skills to effectively fulfill their roles and responsibilities.

Percentage increase in the level of satisfaction of justice sector supervisors with the performance of their staff.”

II. Section H “Special Contract Requirements”, INSERT the following:

“H.37 302.3.6.11 Waiver to Standards for Accessibility for the Disabled in USAID

RFP 294-13-000005

Amendment No.2

a. New construction. All new construction will comply with the standards for accessibility set forth in the provision

“Standards for Accessibility for the Disabled in USAID

Construction Contracts” (see 302.3.5.14).

b. Alterations to existing structures. Before deviating from accessibility standards when altering existing structures, a contractor must obtain the CO’s advance affirmation that compliance with the standards is technically infeasible or presents an undue burden. The CO provides this affirmation by obtaining a waiver in accordance with the procedures at USAID Policy on Standards for Accessibility for the Disabled in USAID-Financed Construction.

c. A request for a waiver must include the following:

(1) Identification of the specific requirements and procedures of the standards from which a waiver is sought;

(2) A detailed explanation, including appropriate information or documentation, as to why a waiver should be granted;

and,

(3) A statement that, where feasible, persons with disabilities will be accommodated, and which describes how these accommodations will allow the disabled access to the programs and services being provided.”

III. Section I.1 “NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE”, INSERT the following contract clause:

“52.237-9 Waiver of Limitation on Severance Aug 2003

Payments to Foreign Nationals”

[End of Amendment No. 02 to Request for Proposals No. 294-13-000005]

USAID West Bank & Gaza / Enhanced Palestinian Justice Program

Attachment 1 to Amendment #2: RFP-294-13-000005

Questions & Answers:

Q.1 Section C(B) notes that courthouse infrastructure in the West Bank is inadequate and that many problems also stem from lack of space.

Section C(D) notes that the selected contractor may be asked to complete minor rehabilitation and renovations to judicial facilities. Would the Mission kindly confirm that this task will not include any substantial construction or additions to existing judicial facilities in order to increase available space?

A.1 The construction work envisioned under this contract is limited to rehabilitation and upgrades only. No new construction works of judicial facilities will be implemented under this contract.

Q.2 Section C(D) notes that the selected contractor will be asked to work with partner law schools to update their curricula and teaching methods under Component 3, and that overhauling the curriculum will transition the focus of the legal education system from rote memorization to experiential learning. Does the Mission envision that the selected contractor will be expected to assist with providing retraining to young lawyers who may have recently graduated from law schools that applied outdated curricula and teaching methods?

A.2 This component is directed towards students currently enrolled at partnering law schools, thus USAID is not anticipating activities directed specifically towards training of recently graduated lawyers.

Q.3 Section C(F) makes note of the various other donor-funded programs that are working in the Rule of Law sector within Palestine. Would the Mission clarify whether the UNDP-supported program only operates in Gaza currently?

A.3 UNDP Rule of Law program operates in both West Bank and Gaza.

Q.4 In the Section C.D Statement of Work, Components 1 and 2, the RFP requires a business process analysis of each of the partner offices. Does USAID have specific offices in mind that will receive the analysis of business processes, or are Offerors expected to propose which partner offices that will be analyzed?

A.4 USAID has included a number of potential departments and units to be targeted under components 1 and 2 of the contract. However, the successful contractor will be expected to propose additional departments during implementation.

Q.5 In Section C,D “Statement of Work”, Components 1 and 2, the RFP requires a business process analysis of each of the partner offices. If USAID has determined the partner offices to be analyzed, will trial-level courts be included in the analysis?

Inclusion of trial courts will have a significant impact on the timeline for completion of the analysis, and it will be necessary to account for such activity in the technical approach. In the broader justice sector.

A.5 No, trial-level courts will not be included in the analysis.

Q.6 In Section C, D “Statement of Work”, Components 1 and 2, the RFP requires that project activities be developed out of the business process analysis for each partner office. Are these analyses expected to be completed before the submission of the project work plan on the 60th day of the project, as noted in Section F?

A.6 No. The timeframe for completing the business process analysis must be addressed in the work plan.

Q.7 In Section C,D “Statement of Work”, Component 2, the RFP requires a business process analysis of partner offices under the family courts. Since the family courts do not have a centralized structure similar to the High Judicial Council, does USAID envision the analyses only to occur at selected partner courts or at every family court within the West Bank?

A.7 Business process analysis needs to be conducted for each office/ department selected to be targeted.

Q.8 Section C,D “Statement of Work”, Component 2, Page 20 states that, “The contractor will conduct a business process analysis for each of the partner offices with which the project will work to understand how offices within partner institutions can improve the quality and efficiency of their services”. While these business process analysis would be conducted for a wide range of partners during implementation related to the other components of activity, we are confirming that the reference under Component 2 is to partners only in relation to their work as family courts or with family courts.

A.8 USAID confirms.

Q.9 Section C,D “Statement of Work”, Component 2, Page 20 refers to

“each of the partner offices with which the project will work.”

Please clarify what partner offices are envisaged in addition to the High Sharia Council.

A.9 Page 21 of the RFP lists some potential partners including the

Family Counseling Unit, Finance and administration Departments.

Q.10 Section C,D “Statement of Work”, Component 3, Page 21 refers to

“partner law schools”. Are these the law schools that the current project is working with or they include additional law schools?

A.10 This may include additional law schools.

Q.11 Please clarify the references to targeted courts (p.19) and targeted family courts (pp. 20-21). Does USAID already have certain courts in mind?

A.11 Please see answers to other questions.

Q.12 In Section B.4 “Budget Line Item”, Page 11, the RFP has presented a plug figure of $5,000,000 for Other Program Costs. Can USAID provide clarity on what activities would be included in this figure to help ensure offerors do not propose costs outside of this figure that should be contained in the figure?

A.12 Please see footnote 1 on page 11 and section L.7(2) Part 2 - (H)

“Program Costs” on page 115 of the RFP.

Q.13 Is RFP-294-13-000005, a new procurement or a follow-on to previous work? could you please provide the incumbent name, contract number, contract award dollar amount, and how many employees does the incumbent have? Can we contact the current incumbent employees?

A.13 This new procurement aims to continue USAID efforts to support the

Palestinian justice sector. As further explained in the

“Background” section in the RFP page 15; those efforts started in

2010 by designing and launching the Palestinian Justice

Enhancement Program (PJEP); task order No. 263-I-00-06-00020-00.

The task order is being implemented by Chemonics International with a current total estimated cost of $14,994,749.

Q.14 May offerors include a cover page, cover letter and a list of acronyms that are not subject to the page limitation in the technical proposal?

A.14 Offerors may submit a cover page, cover letter and a list of acronyms along with the technical proposal that are not subject to the page limitation. However, the cover letter should not exceed one page in length and shall not include any additional information that is not included in the technical proposal.

Q.15 The RFP at Section F.10 (p.39) specifies the total technical professional LOE in person-months. However, at Section L.7 (2) (2)

(A) (p.114), it states: “Unit costs for each proposed position, key or not, must be expressed in an amount per work day with the corresponding level of effort (LOE) required for the position (see

Professional LOE in F.10 number of work days) and then calculated to a total cost for each cost period where the salary must be applicable.” It is suggested that USAID revises the RFP to require total technical professional LOE in person-days rather than person-months. Given that this is a term contract this will enable the contractor to more accurately track and account for LOE.

A.15 LOE will remain in person-months.

Q.16 Section I.1 of the RFP includes FAR 52.237-8 Restrictions on

Severance Payments to Foreign Nationals. Consistent with the guidance in FAR 37.113-1 and considering that the anticipated contract will be performed entirely overseas, USAID is requested to include FAR 52.237-9, “Waiver of Limitation on Severance

Payments to Foreign Nationals”, to prevent conflict with applicable local employment laws.

A.16 The RFP has been amended to add FAR clause 52.237-9, “Waiver of

Limitation on Severance Payments to Foreign Nationals”.

Q.17 The Budget Line Item table at Section B.4 of the RFP (p.11) and the standard cost elements table at Section L.7(2)(3) of the RFP

(p.116) both include a line item with a plug figure of $160,000 for PCA Program (described in Section H.32 of the RFP, p.64).

However, Section L.7(2)(I) of the RFP (p.115) indicates that

“audit costs” are to be included under the other direct costs line item. Can USAID please clarify whether “audit costs” as referenced in the latter section are in addition to those contemplated in the

PCA Program plug figure?

A.17 The purpose of the PCA audit plug figure is to make sure that offerors include the anticipated costs of the PCA program in their cost proposals. Any audit costs other than the PCA, if any, may be proposed where indicated.

Q.18 SF-294 report submissions for the past five years constitute more than 15 MB and 500 pages. May we instead submit 10 of our most recent and relevant SF-294 reports? Alternatively, may we submit

SF-294 reports for the past five years only on a separate CD-ROM accompanying our technical proposal?

A.18 Offeror are not required to submit all reports for the past five years. As stated on page 113, offerors are required to provide a list of the recent (within the last year) contracts for which offerors submitted subcontract reports to eSRS (as required by FAR

52.219-9(d)(10)) and a copy of any similarly recent subcontracting reports if they were not submitted to eSRS.

Q.19 In L.6 on page 109 of the RFP, USAID identifies Annex F as

“Branding Implementation Strategy (BIS) and Marking Plan (MP)”, and on p. 121, refers to “a Branding Implementation Plan (BIP) and

Marking Plan (MP). Can USAID please confirm its preferred title for this annex?

A.19 The preferred title is “Branding Implementation Plan (BIP) and

Marking Plan (MP)”.

Q.20 On p. 108 of the RFP, 3. (v), USAID requests that offerors send

“one copy of both the Technical Proposal and the Cost Proposal on two separate text-accessible CD-ROMs (one copy of both the

Technical Proposal and the Cost Proposal per CD-ROM) and enclose the CD-ROM in the envelope with the Cost Proposal. The electronic files shall be submitted in MS OFFICE format and one copy in Adobe

Acrobat (PDF) format. The electronic files on the CD should represent the final versions of the printed documents.”:

a. Can USAID please confirm that it would like to receive one CD-

ROM containing the technical volume, attached to the original hard copy of the technical volume, and one CD-ROM with the cost volume, attached to the original hard copy of the cost volume?

A.20 a. As instructed in Section L.5 offerors are required to submit one copy of the Technical Proposal and one copy of the Cost proposal on two separate text accessible CD-ROMs. USAID confirms that offerors are being asked to enclose both CD-ROMs

(one for the technical and one for the cost) in a single envelop submitted with the cost proposal.

b. Signed documents — such as letters of commitment and a cover page — cannot be combined with other Word files.

Documents such as letters of commitment and SF-294s are only available in PDF. Can USAID please confirm that it is acceptable for offerors to provide the Word files of the technical sections (I-IV), in addition to the full volume in

PDF? Similarly, for the cost volume, is it acceptable to provide the cost notes in Word, in addition to the full volume in PDF?

A.20 b. USAID confirms.

Q.21 Section L.5 notes that offerors are required to deliver proposals either by hand or via courier. Would the Mission kindly confirm that offerors are not also required to submit electronic copies of the proposal via e-mail in addition to hard copies?

A.21 USAID Confirms.

Q.22 Section L.5 notes that offerors are required to deliver proposals either by hand or via courier. Will the Mission confirm receipt of hard copies by sending e-mail notifications to offerors?

A.22 USAID will not automatically send a confirmation receipt through e-mail notification. However, receipt can be confirmed through the signature of USAID’s official who receives the proposal on the receipt voucher should the deliverer present one. We will make every effort to be responsive to phone and email inquiries as well.

Q.23 In order to reduce the carbon footprint of this RFP, would USAID allow offerors to submit their proposals via email instead of hard copies?

A.23 E-mail submissions will not be accepted.

Q.24 Please confirm that only the budget and not the whole Cost

Proposal is required as an MS Excel file.

A.24 USAID confirms.

Q.25 Please clarify whether the narrative summary of the use of small business concerns and the contact information of three small business concerns required on p.113 may be included as an annex to the Technical Proposal.

A.25 The narrative summary should be included as part of the “Past

Performance Information” section in the technical proposal and not as an annex. Contact information should be included in Annex D to the technical proposal “Past Performance Chart”.

Q.26 Please confirm that the Branding Implementation Plan should be submitted with the Technical Proposal and not the Cost Proposal.

A.26 The Branding Implementation Plan (BIP) and Marking Plan (MP) should be submitted as Annex F to the technical proposal.

Q.27 Please clarify the Instructions for the Preparation of the

Technical Proposal (p.111: III. Institutional Experience) and the

Technical Evaluation Criteria (p.125: III. Institutional

Experience) as the current text only makes reference to Component

2-related institutional experience. As this component accounts for only an estimated 25% of the LOE, please confirm that an offeror’s institutional experience in areas related to Component 1, Component 3, and Component 4 will also be evaluated.

A.27 No. Institutional experience will be evaluated as stated in the

RFP.

Q.28 In footnote 1 on Page 11 of the RFP, USAID lists the following items to be included in the Other Program Costs line item, “…may include (but not limited to) costs associated with: trainings, workshops, conferences, assessments, studies, commodities, equipment and information technology (hardware and software).”

Would USAID please confirm if some technical LOE can be included in the $5,000,000 plug figure if the LOE is related to the activities mentioned above?

A.28 Direct professional technical Level of Effort (LOE) as specified in section F.10 of the RFP may not be included under any of the four sub-line items under “Program Costs” including the “other program costs” sub-line item. We acknowledge that during implementation, Program Costs may include salary costs. However, those salary costs will not be counted towards the overall LOE tracked under this contract.

Q.29 Page 110 of the RFP indicates that Component 2 “is estimated to be

25% of the total LOE.” What are the estimates for the remaining three components and for the windows of opportunity?

A.29 Rough estimates for program components are anticipated as follows:

Component 1: Enhance service delivery and efficiency of justice sector institutions - 40% of the total LOE.

Component 2: Improved service delivery through enhanced capacity of family courts - 25% of the total LOE.

Component 3: Improve the educational experience provided to students in partner law schools - 15% of the total LOE.

Component 4: Improving citizens’ knowledge of their rights and available services - 10% of the total LOE.

Program Resources - 10% level of effort.

Q.30 Section L.6 stipulates that offerors may submit up to five of the most recent and relevant contracts for efforts similar to the

Enhanced Palestinian Justice Program. Does the Mission have any limits on the time frame from which they can select past performance reports?

A.30 No limits on the time frame are set.

Q.31 In Section L.6 I. Technical Approach (page 110), the instructions for the technical approach contain instructions only relating specifically to component 2. Section M.3 (I) Technical Approach

(page 125), lists the evaluation criteria for the technical approach as the extent to which the Offeror demonstrates an understanding of the development context and component 2 of the statement of work. a. Are Offerors only to address Component 2 in our proposals?

A.31 Please see answer to question No.1 in amendment No.1 to the RFP published on WWW.FBO.GOV on May 17, 2013.

Q.32 In Section L.6 Instructions for the Preparation of the Technical

Proposal (page 109), the RFP states that the Technical Proposal should include Past Performance Information in Section IV. and in

Annex D. Can USAID confirm that Annex D will contain the past performance chart, and Offerors will provide a summary of the chart's information in Technical Proposal Section IV?

A.32 USAID Confirms.

Q.33 Does USAID have an estimated start date for the EPJP award?

A.33 The estimated start date of the EPJP contract is September 30, 2013.

Q.34 Does USAID foresee exclusivity of personnel/subcontractors, or are proposed personnel/subcontractors, particularly CCN experts, eligible to participate on a non-exclusive basis with more than one applicant organization?

A.34 USAID does not request or require exclusivity of proposed personnel or subcontractors.

Q.35 Please confirm that offerors with prior federal contracting experience are not required to submit personnel, travel and procurement policies.

A.35 Offerors are required to submit personnel, travel and procurement policies as specified in section L(2)(L) in the RFP.

[End of Attachment 1 to Amendment #2: RFP-294-13-000005]