Amendment 01_RFP 72016921R00006_Public Procurement Activity signed.pdf

(x) x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

N/A

Not Applicable

720169

11040 USAID/Serbia

11/05/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.

Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION

NO. 72016921R00006

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11/24/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment provides answers to the questions submitted by the interested offerors, and specific changes that were made to the original RFP document. All Changes to the amended RFP are highlighted for ease of reference.

Attached are:

1)Q&A_RFP#72016921R00006_Public Procurement Activity 2)Amendment 01_RFP#72016921R00006_Public Procurement Activity 3)Revised Attachment 1 Past Performance Information Sheet 4)Revised Attachment 2 Budget Template

15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Boryana Boncheva

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

X 1

X

Q&A Amendment#01 SOL#72016921R00006 Serbia Public Procurement Activity

Q.1. Please confirm that Offerors may adjust the structure of the Past Performance Matrix (Attachment

1) to ensure legibility and efficient use of space, as long as all requested information is included

A.1. Please use the revised Attachment #1.

Q.2. Section B.8 contains a Fee Distribution Table by Year, which is referenced in the Cost Volume instructions in L.10. Section F.6.i contains a Technical Deliverables table by Result/by Year, where the deliverables are “TBD by the contractor” and the table contains due dates. Would USAID kindly clarify when the table is due, and how it relates to the table in B.8 (which is structured differently)?

A.2. The table in section F.6 is due with the proposal due date. The contractor’s proposed deliverables listed under results in section F.6, must be presented in the Fee Distribution Schedule in table B.8 by year.

Q.3. Section L.6 (page 91) states that proposals must be written using the Times New Roman typeface.

To provide visual variety for the reader, please confirm that elements such as tables and callout boxes may use a typeface other than Times New Roman.

A.3. Please conform to the requirements in the RFP.

Q.4. Section L.6 (page 91) states that text in graphs and charts may be as small as 9-point. To facilitate legibility, please confirm that Offerors may use a sans-serif font such as Arial Narrow for graphs and charts since these typefaces are easier to read at smaller sizes.

A.4. Please see answer A.3.

Q.5. Given that proposals will be submitted electronically, please confirm that USAID will accept electronic signatures, including for elements where the RFP refers to an “original” signature – such as the SF 33 required in Section L.10(a) on page 94

A.5. Yes, electronic signatures are accepted.

Q.6. Section H.17(g) requires the “Contracting Officer [to] approve the Contractor’s Grants Manual prior to publicizing any funding opportunity” (page 48). Would USAID please consider providing the contractor with the flexibility to release notices of funding opportunities (NOFOs) before the grants manual is approved? This would facilitate a more rapid startup, and we confirm that the contractor would sign agreements only after the manual is approved.

A.6. Activities implemented through GUCs must be elaborated in the Work Plan; therefore, issuance of NOFOs is not appropriate before the Annual Work Plan is approved. The requirement for CO approval of the GUC manual prior to publicizing any NOFO will remain as it is. In addition, Section H.17 was revised in accordance with the updated ADS 302.3.4.13, on July 22, 2021. The RFP is amended accordingly.

Q.7. Section L.10(b)(2) of the RFP states that “proposed salary ranges for CCNs/TCNs must not exceed the maximum range of the USAID Local Compensation Plan” and notes that the maximum in the current plan for USAID/Serbia is €68,394 (page 95). Would USAID please consider individual salaries in excess of this amount if the offeror presents a detailed justification for them?

A.7. Yes, the offerors may propose individual salaries in excess of the USAID/Serbia LCP with appropriate justification, and that will be subject to the Contracting Officer’s approval.

Q.8. Section L.10 of the RFP requires the offeror to provide a complete budget by cost element (page 94), using the budget template in Attachment 2. We respectfully request that USAID not require offerors to submit the Budget Detail Spreadsheet for subcontractor budgets in Attachment 2 for firm-fixed-price type subcontracts.

A.8. For Firm Fixed Price subcontract a detailed budget is not required. However, the requirements from FAR 52.244-2 (e)(1) are presented.

Q.9. Would USAID please provide an exchange rate for Serbia for this activity?

A.9. The cost proposal must be presented in USD currency. USAID will not provide an exchange rate; it is at the offerors’ discretion to use the market exchange rate.

Q.10. (p. 17, C.4). This section states that “Final municipality selection and interventions must be included in the Activity work plan, approved by USAID.”

a) Please confirm that this “Activity work plan” and its content(s) is the same as the “Annual Work Plan” mentioned on page 31.

b) Please confirm that it is not required at the RFP stage.

A.10. a) Yes. The activity work plan is the same as the Annual Work Plan.

b) Selection of municipalities is not required at the RFP stage.

Q.11. (p. 25-26, F.5): Section (a) suggests that Offerors must propose five key personnel, while section (i) 3 states that Offerors have discretion in the number of proposed key personnel. Please confirm that Offerors may propose between 2-5 key personnel.

A.11. The Offerors should propose 5 key personnel. The RFP is amended accordingly.

Q.12. (p. 32, F.6) Please confirm that the table of List of Deliverables is not required at the RFP stage.

A.12. See answer A.2

Q.13. (p.40, H.6): Section H.6 (a).2 states that the proposed salary ranges for CCNs/TCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP). In order to comply with this requirement, would USAID please provide the LCP for Serbia?

A.13. Minimum and maximum salary range is provided in page 95 of the RFP.

Q.14. (p. 91, L.6): Please confirm that, like tables and graphics, text boxes may also be presented in a 9 point font.

A.14. Text boxes and tables must not have a font size smaller than 11-point. Text in graphs and charts must not have a font size smaller than 9-point. The RFP is amended accordingly.

Q.15. (P. 93, L.8): Section L.8 states, “This section must include the following components which collectively make up the Key Personnel, Organizational Capability, and Management Approach and Staffing Plan.” Please confirm that the Organizational Capacity is not included in the Key Personnel, Management, and Staffing Plan.

A.15. Organization Capability is not included under the Key Personnel, Management Approach and Staffing Plan. The RFP is amended accordingly.

Q.16. (p. 97-98, L.10): Section L.10 (d) 1 states that Offerors and major subcontractors must provide “Past performance information for itself and each major subcontractor … with a cost between $5,000,000 and $15,000,000, with a period of performance falling within the last five years and involving similar work as in Section C … Offerors must not submit past performance information for contracts in CPARS.” Will USAID please confirm that there is no limit to the number of projects that Offerors list?

A.16. There is no limit in the number of the listed projects, which are not in the CPARS

Q.17. (B.4., B.8. Pg. 9,11) Section B.4 subtotal table and B.8, paragraph (a) refers to payment of “base fee”, which is not relevant to this CPFF contemplated contract. Please clarify.

A.17. Base fee reference is deleted and the RFP is amended accordingly.

Q.18. (B.6. Pg. 10-11) As drafted, this provision states that the indirect rates applied to this contract will be the lower of the negotiated final rates or the rates set forth in the table within B.6. This clause conflicts with 2 C.F.R. § 1108.85 Cognizant agency for indirect costs, which establishes that a contractor’s cognizant agency is “responsible for reviewing, negotiating, and approving cost allocation plans and indirect cost proposals on behalf of all Federal agencies.” Accordingly, we would respectfully request that B.6 be revised to align with 2 C.F.R. § 1108.85 and allow for the awardee to apply the indirect rates approved by the cognizant agency responsible for approving their indirect rates.

A.18. Under section B.5 the offerors should include the information based on their current NICRA.

Section B.6 stipulates the ceiling in case your NICRA changes during the performance of the contract and is higher than the current one.

Q.19. (F.5., L.8. Pg. 25-26,93) Section F.5. states the contract must furnish the listed five key personnel positions, including three Objective Leaders. However, on page 26, it mentions there may be ‘up to 3’ Objective Leaders. Section L.8. repeats ‘up to 3’ Objective Leads as key personnel. Can USAID clarify if bidders must provide all five listed key personnel in F.5., or if bidders may propose fewer than five (i.e., fewer than three Objective Leaders)?

A.19. See answer A.11

Q.20. (H.6., L.10. Pg. 40,95) The RFP notes that CCN/TCN salary ranges must not exceed the maximum range of the Local Compensation Plan (LCP), with the minimum and maximum of the LCP provided in L.10. In order to meet the requirement of providing a comprehensive Compensation Plan as required in L.10, can USAID Serbia please provide the current full U.S. Embassy LCP?

A.20. See answer A.13

Q.21. (I.6. Pg. 59) To aid in compliance with this clause regarding the cost allocation of foreign taxes, can USAID please:

a) Confirm that the Contractor will be exempted from host/recipient country taxes – e.g., VAT, duties, and income tax (for US and local teaming partners and their personnel).

b) Provide offerors with copies of any applicable bilateral agreements or similar relevant document with the Government of Serbia.

A.21. a) The contractor will be expected only from host/recipient country taxes – e.g., VAT, duties. Income taxes for US ann local teaming partners and their personnel are subject to contractor’s policies and Serbia lows accordingly.

d) The Contractor will be exempted from host country VAT and customs duties, and USAID/Serbia will furnish the contractor with the relevant documentation, after the award.

Q.22. (L.6, L.7, L.8, L.9, Pg. 91-94) Section L.6. requires a Microsoft Word copy of the technical proposal body to be submitted along with full technical proposal in PDF format. Specific instructions for Technical Approach, Key Personnel, Management Approach and Staffing Plan, and Organizational Capability, each says it must be submitted in PDF format with a “Microsoft Word copy”. This may be interpreted as a separate Word file for each of the technical proposal sections.

Can USAID confirm that the technical proposal submission will be only two files: a PDF of all sections, and a Word version including just the three main parts of the technical together (from Technical Approach through Organizational Capability)?

A.22. That is correct.

Q.23. [L.10.(b)(2), Pg. 95] L.10 states that offerors are required to submit a compensation plan which includes salary ranges for all proposed positions with the proposed/negotiated rate not to exceed the maximum range of the USAID Local Compensation Plan (LCP) which is provided by the RFP in Euros. Please clarify the currency offerors should use for their proposed compensation plan - US Dollars, Euros, or Serbian Dinar.

A.23. The offerors must propose their compensation plan in US Dollars. In addition, per AIDAR 722.170, the compensation of TCN and CCN employees shall be paid in the currency of the cooperating country ( Serbian Dinar), unless otherwise authorized by the Mission Director.

Q.24. [L.10.(b)(2), Pg. 95] L.10.(b)(2) requires the compensation plan to include home office salary rates.

Given that USN home office support would not be constrained by the Embassy's LCP, and the range of potential salaries may be wide for administrative and technical support roles, would USAID allow offerors to submit a compensation plan that only includes CCNs salary ranges?

A.24. The compensation plan must include all proposed positions, including home office personnel.

Q.25. [L.10.(d), Pg. 97-98] L.10.(d) requests past performance information as part of the Cost Proposal, but only for contracts not in CPARS.

a) Please confirm that the Past Performance Attachment Matrix provided should only be completed for contracts not in CPARS?

b) Please confirm that offerors should provide a list of the most relevant contract numbers ($5m-$15m, period of performance within last five years, similar work as Section C) for past performance references regardless of CPAR status?

A.25. a) That is correct.

b) Offerors must not submit past performance information for contracts that are in the CPARS.

Q.26. [L.10.(d), Pg. 97-98] L.10.(d) requests past performance not in CPARS to be provided using “Attachment 2 Past Performance Information Sheet”. Can USAID confirm that this form is actually “Attachment 1 Past Performance Matrix” as provided in the solicitation documents?

A.26. Correct. the RFP is amended accordingly.

Q.27. [L.10.(d), Pg. 97-98] Can USAID confirm that offerors can submit the past performance matrix in Excel as a separate attachment to the cost proposal?

A.27. Yes.

Q.28. [L.10.(d), Pg. 97-98] How many past performance references would USAID like an offeror to list for itself and each major subcontractor?

A.28. See answer A.16.

Q.29. Section B.4 shows a set GUC amount of $1,000,000 whereas section C.4 states that “The total contract life amount of the GUCs is up to $1,000,000” [emphasis added]. Please clarify whether offerors may propose a total amount for GUCs less than $1,000,000 or if $1,000,000 should be considered a set figure.

A.29. The Offerors must propose a total amount of $1,000,000 for GUCs.The RFP is amended accordingly.

Q.30. Section B.4 table states “Total Estimated Cost Plus Base Fee”. Please confirm that this should read ”Total Estimated Cost Plus Fixed Fee” in alignment with RFP section B.2.

A.30. See answer A.17.

Q.31. Please confirm that in Section B.8.1(a) “base fee” should be replaced by “fixed fee.”

A.31. See Answer A.17.

Q.32. Section B.8.1(e) states “Fee Bearing Results or Deliverables proposed in the Fee Distribution Schedule must appear in the Work Plan (WP) and/or Monitoring, Evaluation, and Learning (MEL) Plan that has been prepared in compliance with the specifications and requirements of this Contract.” As the work plan and MEL Plan are, per Section F.6, not due until 45 days after the effective award date, would USAID consider removing the requirement for the Fee Distribution and Delivery Schedule in the Cost Proposal?

A.32. The Fee distribution and Delivery Schedule must be presented with the due proposal.

Q.33. Are offerors required to name in their proposals the municipalities that they expect the Public Procurement Activity to work with?

A.33. No. Final municipality selection and interventions will be discussed in the work plan.

Q.34. Please provide further guidance about what the “[s]upport [to] the Public Procurement Office in […] maintaining the e-Portal” (p.18) shall entail.

A.34. The Contractor will be expected to consult regularly with and provide support to the Public Procurement Office to meet the needs as they arise.

Q.35. Does USAID envisage “supporting the use of e-portal/adding features to the e-portal” (p.18) to include software development by the contractor?

A.35. The Contractor will be expected to consult with and provide support to the Public Procurement Office to meet the needs as they arise. This could, if requested by the Public Procurement Office, entail software upgrades to e-portal.

Q.36. Are offerors allowed to restructure the four Objectives that appear in the RFP in order to better reflect the proposed technical approach?

A.36. No, the Offerors should define the approach around the four Objectives of the RFP.

Q.37. Please confirm that it is up to the offerors to decide how many Objective Leaders to propose as Key Personnel (as long as it’s no more than three).

A.37. See answer A.11.

Q.38. Section H.6(e) states: “Unless the consultant is an employee of the contractor, they are considered subcontractors subject to the applicable clauses 52.244-2 requirements. For all consultants that will be engaged through subcontracts, although the subcontract is not a subject for Contracting Officer’s consent, the prior written concurrence of the Contracting Officer’s Representative (COR) is required on the SOW and International Travel if applicable.”

a) As Section H.6(e) states that subcontracts with consultants are not subject to Contracting Officer’s consent, please confirm that FAR 52.244-2 is not applicable to consultants, even though COR’s concurrence of the SOW and travel is required.

b) If FAR 52.244-2 is indeed applicable to consultants, please clarify if firm fixed price agreements with consultants under the simplified acquisition threshold require Contracting Officer’s concurrence on the SOW and travel approval.

A.38. In accordance with FAR 52.244-2, for all consultants ( except contractors employees) that are engaged through the contract below the Simplified Acquisition Threshold, consent is not required.

Q.39. Section H.6(g) states that “salaries must not exceed those under the USAID Local Compensation Plan (LCP) for comparable positions.” In order to comply with this requirement, please provide the current LCP in its entirety.

A.39. Please see answer A.13.

Q.40. Section H.6(g) states “Employee agreements or contracts entered into by contractors and CCN/TCNs must reflect a fixed annual or monthly salary, d[en]ominated in local currency with a provision for annual salary increases that have been approved by the Contracting Officer through negotiations.”

a) Please confirm that provisions for annual salary increases are not required to be included in employment agreements as annual salary increases are generally, at least in part, performance based.

b) Please confirm that only annual salary increases in excess of 3% are subject to CO approval.

c) Please clarify the meaning of “through negotiations” or remove.

A.40. a) Correct

b) Correct

c) “through negotiations” means USAID cost review and CO approval, prior to the final award.

Q.41. Please confirm that expatriate LTTA and STTA are not required to be proficient in Serbian (Section H.7).

A.41. Proficiency in English and Serbian language for Key Personnel, STTA, CCNs, or TCNs is required as appropriate.

Q.42. Please clarify if contractors should budget for VSAT technology and satellite phones, among other alternatives to prohibited technologies, beyond the September 2022 expiration of the Section 889 Foreign Assistance Waiver that USAID received from the Director of National Intelligence (DNI).

A.42. Offerors should assume that the waiver will expire on September 30, 2022.

Q.43. Please confirm that AIDAR 752.216-70 Award Fee doesn’t apply to this contract.

A.43. AIDAR 752.216-70 is not applicable for this procurement and is deleted under Amendment#01.

Q.44. Please provide guidance regarding the current DBA rates (the table in Section I.8 only covers the period through 5/31/21).

A.44. The Amendment#01 include revisions of the period based on the current AAPD

Q.45. The RFP instructs offerors to limit the Key Personnel, Management Approach and Staffing Plan section to eight pages and the Organizational Capability section to two pages. At the same time, the first paragraph of Section L.8 refers to “Key Personnel, Organizational Capability, and Management Approach and Staffing Plan” as a single section. Also, Section M.1(e) states that “For overall evaluation purposes non-cost factors (1. Technical approach. 2. Key Personnel, Organizational Capability, Management Approach and Staffing Plan; and Past Performance), when combined, are considered significantly more important than cost factors.”

We request that Key Personnel, Organizational Capability, Management Approach and Staffing Plan be a single section, which shall address the requirements set forth in Sections L.8 and L.9, and offerors be allowed to use up to ten pages within the Technical Proposal for this combined section.

Such an approach, rather than limiting a stand-alone Organizational Capability section to only two pages while requiring it to cover a broad list of topics per Section L.9., would make proposals more reader-friendly and informative.

A.45. Amendment#01 includes revisions addressing page limit for section L.8 and L9.

Q.46. Section L.10(d) instructs offerors to include past performance information within the Cost Proposal.

At the same time, Section M.1(e) states that “For overall evaluation purposes non-cost factors (1.

Technical approach. 2. Key Personnel, Organizational Capability, Management Approach and Staffing Plan; and Past Performance), when combined, are considered significantly more important than cost factors.”

Please clarify whether past performance shall be evaluated as a part of the Technical Proposal or as a part of the Cost Proposal. If it’s the former, please allow for a Technical Proposal Annex to include any required past performance information.

A.46. Past performance will be evaluated as a stand alone factor in accordance with section M and information requested for past performance should be included under the cost proposal package.

Q.47. As the past performance matrix (Attachment 1) is not printer-friendly (the table stretches over multiple pages and some of its columns would feature disproportionally more text than other columns), please allow offerors to select a different reader-friendly format to present the required information.

A.47. Attachment# 1 is required to be submitted electronically and will be reviewed as such.

Q.48. Please confirm that offerors are not required to submit Branding Strategy and Marking Plan within the Cost Proposal.

A.48. Branding Strategy and Marking Plan must be submitted upon request from the Contracting officer.

Q.49. May offerors adjust the budget template (Attachment 2) as needed? For example:

a) Delete category for “Construction” as, based on the SOW, no construction will be required.

b) Delete and replace “Award Fee” with “Fixed Fee” and adjust the total row accordingly.

c) Delete column “Number of Units” on Summary worksheet and insert as a yearly column on the

Detail worksheet(s).

d) Delete column “Unit Cost” on Summary worksheet and insert into Detail worksheet(s).

A.49. Budget template revised and included in the Amendment#01.

Q.50. Should “Consultants” be included under Labor or under Subcontracts in the budget template, or this is up to offerors to decide?

A.50. Please include Consultant under the Labor category.

Q.51. The Summary tab provided in the budget template includes top level budget categories that are significantly different those shown in the Price Schedule in Section B.4. Please confirm which categories are correct.

A.51. Submission of the cost proposal must be in line with the template provided. The award budget will be included in the award in accordance with section B.4

Q.52. In the RFP, section “Part 4 – Past Performance Information“ it is indicated that: “Offerors should list past performance information for themselves and each major subcontractor of contract with a cost between $5,000,000 and $15,000,000, with a period of performance falling within the last five years, and involving similar work as in Section C“ On the other hand, in the page 1 of the RFP it is indicated that „USAID encourages the participation to the maximum extent possible of local Serbian organizations, small business concerns, etc“ while it the above mentioned requirements are unlikely to be met by locally based organization due to the high financial threshold requested.

Therefore, would you please consider reducing the requested value of contracts (past performances) in order to enable fair and open competition in accordance with the USAID principles mentioned in the RFP?

A.52. USAID will not change the requirement for past performance information.

Q.53. Page 17, C.4. Activity Implementation, states “Final municipality selection and interventions must be included in the Activity work plan, approved by USAID.”

a) Could USAID/Serbia confirm that the Activity work plan is equivalent to the Annual Work Plan?

b) If the answer to (a) is “yes”, could USAID/Serbia confirm that an Annual Work Plan is not required to be submitted at the proposal stage, per the table on page 31 that states the Annual Work Plan is due within 45 calendar days from the start date of the contract?

c) Could USAID/Serbia kindly confirm that an Annual Work Plan is not required to be submitted with the proposal, but rather a Mobilization Plan (Annex C) that includes “a plan for the start-up of activities covering the first 90 days of the contract”, per Section L.9. Organizational Capability instructions on page 94 of the RFP?

A.53. a) Yes. Activity work plan is equivalent to the Annual Work Plan.

b) Annual Work Plan is due within 45 calendar days from the start date of the contract.

c) Annual Work Plan is not required to be submitted with the proposal.

Q.54. Page 20, C.5. Special Activities for Rapid Response which states “The Contractor is expected to provide technical assistance on short notice (within 15 days) in response to these unanticipated events and urgent requests.” Would USAID/Serbia allow for an STTA table/matrix to be included as part of Annex B, Organizational Chart?

A.54. Yes

Q.55. Page 32, F.6. Reports and Deliverables or Outputs i) Technical Deliverables states “The contractor must propose a list of expected deliverables throughout the implementation of this activity. At a minimum, the list must include two (2) deliverables per each of the expected results, per each year of the implementation.” Please clarify whether this should be submitted as a separate annex to the Technical Proposal or as Part 2 (3) Fixed Fee Distribution and Delivery Schedule (per page 95).

A.55. Technical deliverables under section F.6 without any price reference should be submitted as annex of technical proposal and will not count towards page limit. Amendment#1 is revised accordingly.

Q.56. Page 32, Technical Deliverables Table:

a) May contractors combine the Deliverables Table on page 32 in Section F.6 with the required table (Illustrative Fee Distribution Schedule) in section B.8 on page 12 of the RFP, and incorporate as part of the Cost Proposal?

b) If the answer to (a) is yes, please confirm that the column titled “Delivery Schedule” on page 12 is equivalent to the column titled “Due Date” on page 32.

A.56. Please see answer A.55 and Amendment#01 includes revisions in regard to the “delivery schedule” and “due date”

Q.57. Page 93, L.8 Key Personnel, Management Approach and Staffing Plan: The second sentence within the first paragraph states “This section must include the following components which collectively make up the Key Personnel, Organizational Capability, and Management Approach and Staffing Plan.” Please confirm that Organizational Capability is not part of the Key Personnel, Management Approach and Staffing Plan (up to 8 pages) and is its own separate section (up to 2 pages).

A.57. See answer A.15

Q.58. Page 94, L.9. Organizational Capability: Could USAID/Serbia clarify whether the required Mobilization Plan (Annex C) will be evaluated under M.2.1) Technical Approach or under M.2.3) Organizational Capability?

A.58. The Mobilization plan will be evaluated under Organizational Capability.

Q.59. Page 40, H.6.(a)(2) states “The proposed salary ranges for CCNs/TCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP).” Could USAID/Serbia confirm that the Contractor may:

a) submit a waiver request in certain cases for TCN/CCN personnel whose rates exceed the local compensation plan,

b) pay TCNs in other than local currency, and

c) pay benefits and allowances in accordance with AIDAR 722.170 which permits Mission

Director or Assistant Administrator approval?

A.59. Correct.

Q.60. Page 40, H.6.(d) Annual Salary Increase states “One annual salary increase not more than 3% percent may be granted after the employee’s completion of each twelve-month period of satisfactory services under the contract.” However, H.6.(1) states “Salaries and wages may not exceed the Contractor's established policy and practice, including the Contractor's established pay scale for equivalent classifications of employees, which shall be certified to by the Contractor through a compensation plan approved by the Contracting Officer.” We kindly ask for USAID/Serbia to remove the 3% threshold.

A.60. Although the contractor’s compensation plan will be approved, all increases of the salary above the 3% threshold will require the contracting officer’s approval.

Q.61. Page 97, L.10. (c) Evidence of Responsibility: Could USAID/Serbia confirm that the 3-page limit applies to each evidence of responsibility for each prime and subcontractor?

A.61. Correct, page limit is for each prime and subcontractor.

Q.62. Pages 98, Section L.10. (d) Past Performance Information: Would USAID/Serbia allow Offerors to include past performance information from all subcontractors and not only major subcontractors?

A.62. No

Q.63. Pages 98, Section L.10. (d) Past Performance Information: We noted that this is evaluated separately as M.3. (Page 100 of the RFP). Therefore, would USAID/Serbia allow for the Past Performance Information to be submitted as a separate Excel file, in the form of the Attachment 1 – Past Performance Information Sheet template, and to be submitted as an Excel file within the Offeror’s Cost Proposal email?

A.63. Correct.

Q.64. Page 98, Section L.10. (d) Past Performance Information. Page 98 states that “Offerors must not submit past performance information for contracts in CPARS.” However, the Attachment 1 – Past performance information sheet template asks offerors the following two questions: “Is there a PPIR report attached” or “Is there a Contractor Performance Reference Sheet Attached?”

a) Could USAID/Serbia merge and revise Column L in the past performance information sheet (“Is there a PPIR report attached? Y/N”) and Column M (“Is there a Contractor Performance Reference Sheet Attached? (Y/N))” to the following? - “Is there a CPARS report available?

(Y/N)”.

b) Could USAID/Serbia revise Column N from “If there is not a PPIRS or Contractor Performance Reference Sheet Attached, provide a reference (name(s), email(s), phone(s))” to “If there is not a PPIRS or Contractor Performance Reference Sheet Attached, provide a reference (name(s), email(s), phone(s))”?

c) It appears that Attachment 1 – Past Performance Information Sheet is for the “USAID/Serbia Media Investment Activity (SIA), USAID/Serbia RFP 72016921R00001”. Could USAID/Serbia kindly provide a revised Attachment 1 for the Public Procurement Activity?

A.64. Attachment#1 revises accordingly and included in the Amendment#01.

Q.65. Section L.6.6, General Instructions for the Preparation of the Technical Proposal, page 92, lists the section called “Management Approach and Staffing Plan.” However, Section L.8, page 93, and Section M.2, Technical Evaluation Factors, page 99, both state the name of this section as “Key Personnel, Management Approach and Staffing Plan.” Can USAID please confirm that the name of this section is “Key Personnel, Management Approach and Staffing Plan?

A.65. Section L.6.6 revised accordingly.

Q.66. Section L.8, Key Personnel, Management Approach and Staffing Plan, page 93, states: “This section must include the following components which collectively make up the Key Personnel, Organizational Capability and Management Approach and Staffing Plan.” Given that the components that follow do not include organizational capability, would USAID kindly confirm that the organizational capability information should not be included in the Key Personnel, Management Approach and Staffing Plan section, but rather in the Organizational Capability section as stated in Section L.9, Organizational Capability, on page 94?

A.66. See Answer A.15.

Q.67. Section L.6, General Instructions for the Preparation of the Technical Proposal, Note, page 91, lists a number of documents that may be included as part of the technical proposal that do not could towards the 25-page limitation. May Offerors also submit a Cover Page, separate from the Cover Letter, that is excluded from the page limit?

A.67. Yes and amendment#01 includes revision.

Q.68. Section L.6, General Instructions for the Preparation of the Technical Proposal, page 91, states:

“The technical proposal must be written in English using Times New Roman font point size 11…Text in graphs and charts must not have a font size smaller than 9-point.” We have the following questions:

a) May Offerors use a 9-point font size for graphics, figures, text boxes and tables, in addition to graphs and charts?

b) May Offerors use Arial font type for text in graphs, charts, graphics, figures, text boxes and tables?

A.68. Please see answers A.3 and A.14.

Q.69. Section L.6, General Instructions for the Preparation of the Technical Proposal, Page Limitation, page 91, states: “The technical proposal must be…single spaced with each page numbered consecutively.” Numbering the entire technical proposal consecutively will make it more difficult for USAID to discern if Offerors stayed within the prescribed page limits. Would USAID please allow Offerors to number the pages of the 25-page technical proposal (including the technical approach; key personnel, management approach and staffing plan; and organizational capabilities sections) and the annexes separately, excluding the cover letter, executive summary, table of contents, list of acronyms and section dividers from the consecutive page numbering?

A.69. The consecutive page numbering is applicable only to the technical proposal for the 25 page limit.

Q.70. Section L.10.(d), Instructions for the Preparation of the Cost Proposal, Part 4 – Past Performance Information, pages 97-98, states that the past performance information should be included as part of the cost proposal submission. It further states that offerors must list past performance information…with a cost between $5,000,000 and $15,000,000, with a period of performance falling within the last five years.” We have the following questions:

a) Would USAID please consider allowing Offerors to submit past performance information as Annex D to the technical proposal?

b) Would USAID consider increasing the maximum value of past performance contracts to $25,000,000, to allow Offerors to submit relevant past experience that would demonstrate their ability to deliver services with relevance to the required work in Section C of the RFP, for larger projects?

A.70. a) please submit the past performance information as part of cost proposal

b) the threshold is increased, please see the Amendment#01.

Q.71. Section L.10.(d), Instructions for the Preparation of the Cost Proposal, Part 4 – Past Performance Information, pages 97-98, states that Offerors “must use the ‘Past Performance Information Sheet’ (included as Attachment 2) to list past performance information…” Attachment 2 is titled Budget Template. Would USAID please confirm that Offerors should use Attachment 1 Past Performance Matrix to list past performance information for prior contracts not in the Contractor Performance Assessment Reporting System (CPARS)?

A.71. See Answer A.26.

Q.72. Section C.4, Activity Implementation, Public procurement planning, page 17, states: “The implementing partner must: 1. Identify municipalities where there are opportunities to improve public procurement practices.” Given budget limitations, can USAID provide a proposed number or range of anticipated partner municipalities to be identified and selected through the approved selection criteria process?

A.72. It is up to the Contractor to assess and propose the municipalities.

Q.73. Section L.8.b, Key Personnel, Management Approach and Staffing Plan, b) Management Approach and Staffing Plan, page 93, states: “The skillset for the Activity implementation team must include

– across the team – at a minimum the following skills: Demonstrated experience in managing and implementing projects focused on government accountability, public finance management, and the rule of law.” Would USAID consider expanding “public finance management” to include “public financial management, anticorruption or public procurement” to better reflect the scope of work and key personnel qualifications required for this project?

A.73. Yes. The RFP is amended.

Q.74. Section L.8.a, Key Personnel, Management Approach and Staffing Plan, a) Key Personnel, page 93, states: “As Annex A, the Offerors must submit individual names, CVs, and references for the proposed Key Personnel positions. The page limit for each CV including references is three (3) pages…Annex A should include the signed letters of commitment for each proposed key personnel.” We have the following questions:

a) Would USAID please confirm key personnel letters of commitment are not included in the 3-page CV limit?

b) Would USAID please consider excluding the key personnel references from the 3-page CV limit to allow more space to highlight candidates’ relevancy and qualifications?

A.74. a) letters of commitment are not part of the 3 page limit.

b) Key personnel references are not part of the 3 page limit.

Q.75. Section L.10.b (2), Instructions for the Preparation of the Cost Proposal, Part 2 – proposed Costs,

(2) Offerors Compensation Plan for Public Procurement Activity, page 95, states: “The proposed salary ranges for CCNs/TCNs must not exceed the maximum range of the USAID Local Compensation Plan (LCP).” In addition, Section H.6.(g), Compensation of Cooperating Country and Third Country Nationals, page 41, requires that salaries of contracted CCN and TCN employees not exceed those of USAID personnel for comparable positions. Though USAID does provide the lower and upper limits of the LCP, in order for offerors to develop a compensation plan consistent with Section H.6.g, would USAID please provide offerors with the full Local Compensation Plan?

A.75. See answer A.13.

Q.76. Section L.10 Part 2- Proposed Costs/Prices, Section (3) Fixed Fee, page 95, states the following: “A fee is not allowed on the cost of GUCs, and failure to comply with this instruction may be grounds for exclusion from further consideration.” The GUC Component of this contract is estimated at $1 million over the life of the project, for a variety of interventions and activities with local partners and non-governmental organizations . We would like to point out the significant managerial and technical responsibility required to manage this complex and varied funding mechanism. Given that the management of grants carries with it a large degree of risk and adherence to strict compliance requirements, we respectfully note that a modest fee would provide the implementing contractor with an appropriate reward for carrying out an effective and efficient contract performance safeguarding government resources, as called for in FAR15.404-4, 2 CFR 200, and ADS 303.

In view of these important considerations, we respectfully request that USAID remove this limitation on fee and allow Offerors the opportunity to propose a modest fee on the GUC component.

A.76. USAID will keep limitations on fees for GUCs.

Q.77. Section B.6, Advanced Understanding on Ceiling Indirect Cost Rates and Final Reimbursement for Indirect Costs, page 10, requires offerors to propose ceilings for their indirect rates. We are deeply concerned about the issue of cost recovery given uncertainties affecting international development during the COVID-19 pandemic. In forecasting indirect cost rates for a five-year period, the contractor must make assumptions about the volume of work that will be generated by USAID, which represents the base for indirect cost rates. At this time, organizations are facing an unprecedented future, with uncertainty about where infections may spike, when vaccines may be available – and if they will be widely available in other countries, how work will continue to be adapted, if travel will be possible, to name only a few. All these factors are outside the manageable control of contractors and their impact and timing cannot at this time be reasonably estimated.

Given the fact that we may be facing significant, as yet unknown, events that may have substantial impacts on indirect cost rates, and given that the US Government has been clear that it intends for reasonable, allowable and allocable costs due to COVID-19 to be recoverable contract costs, which includes indirect costs, we respectfully request that the requirement for indirect cost ceilings be removed from this solicitation. Instead, we request that offerors be allowed to propose and recover their indirect costs in accordance with their US Government Negotiated Indirect Cost Rates applicable at the time.

A.77. The RFP is amended.

Q.78. Section B.8.1.a, Payment of Fixed Fee, page 11, indicates that Offerors are to propose a Fee Distributions Schedule that will be finalized at award and attached to the contract. Further, Section B.8.1.e requires that the fixed fee deliverables be tied to the draft MEL Plan and Year 1 Annual Work Plan. Section B.8.1 (g) goes on to state:

“As a condition for the payment of the portion of the total fixed fee associated with a specific goal, target and/or deliverable, the Contractor must complete the goal, target and/or deliverable. W hen a Fee-Bearing Milestones is not completed or achieved, the portion of the total fixed fee allocated to the Milestone in the Fee Distribution Plan will not be paid.”

We respectfully note that this type of deliverable payment arrangement seems contrary to the best practices of adaptive management, and may not be in USAID’s best interests. It requires Offerors to select specific milestones at the proposal stage that may not be implemented until 4 or 5 years after award, without consideration for changes in environment, for trial and revision, and adaptation to select the most impactful activities. We also note that, most frequently, when outputs are not delivered, it is because they have been replaced with alternate milestones or outputs that are agreed to represent effort that is more effective. Determining deliverables for outputs or milestones at the outset for the full program means that either the contractor will be punished by having its fixed fee reduced for adapting to changing circumstances, or is locked into delivering what may not be the most effective outputs several years from now.

We therefore respectfully request that USAID consider requiring a Fee Delivery Schedule associated with Fee-Bearing Deliverables only for Year 1, with the fee amounts for each subsequent year specified, but for deliverables and milestones for each of those years to be determined annually based on the Annual Work Plans and MEL Plan in force. This will ensure both that USAID is paying for results it desires and that the program can adapt during implementation and adopt the most successful strategies that have the greatest impact.

A.78. Please submit the deliverables as required in section B.8.

Q.79. Section B.8.1.(h), Payment of Fixed Fee, page 12 states: “When a Fee Bearing Milestones is not completed on time or requires more cost/effort to complete than projected in the WP and/or MEL Plan, the portion of the total fixed fee allocated to the Milestone in the Fee Distribution Plan may be subject to adjustment of the fee by the Contracting Officer.” Adjusting the fee payment based on costs incurred for a milestone is not consistent with the FAR 16.306 requirements for a fixed fee contract, which specifically states that “The fixed fee does not vary with actual cost…” We respectfully note that adjusting the fee in this manner would be consistent with a cost-plus-incentive fee contract type (adjustments based on costs), or a cost-plus-award fee contract type (adjustments based on performance). We also note that the specific timing of milestone completions is often entirely outside the control of the contractor, related to local government operations, national issues, such as elections, or global issues such as the ongoing pandemic. We respectfully request that Section B.8.1(h) be deleted.

A.79. Please see the revised RFP.

Q.80. With regards to Section K.4 and K.5 of the RFP, pages 70-73, which incorporates FAR 52.204-24 and FAR 52.204-26 Section 889, Covered Telecommunications and Video Surveillance Services or Equipment, we have the following questions:

a) Does USAID have any additional information or instruction related to the Section 889 Foreign Assistance Waiver that USAID received from the Director of National Intelligence (DNI), which expires on September 30, 2022?

b) USAID, through its own efforts as well as a recipient of information provided by many implementing partners in-country is in the position of having more information than any one Offeror is likely to have. Specifically related to basic services of cellular telephone and internet service providers (ISPs) that all offerors will need to use in the implementation of this project, if it is already known by USAID that providers in-country use covered technologies, could USAID please provide this information to Offerors?

A.80. USAID does not have any updates or additional information to share with offerors at this time.

Q.81. Section L.10, Instructions for the Preparation of the Cost Proposal, pages 94-98, indicates a specific set of required documentation to be submitted by offerors. We have the following questions pertaining to some of the required documentation:

a) The instructions do not address what documentation USAID requires for consenting subcontractors, either US or local organizations. Will USAID please indicate its requirements for this process?

b) The instructions do not address the required documentation for offerors that are forming a joint venture for the purpose of submitting a bid for this solicitation. Will USAID please indicate its requirements for offerors who are bidding as a joint venture?

A.81. All the requirements for the proposed subcontracts are listed under section L. USAID can not stipulate all possible scenarios of the offeror. Please comply with the requirements as stated in the

RFP.

Q.82. Attachment 2 (Budget Template) lists the budget line item “Award Fee” in the Summary Tab and in the Detail Prime Tab. As Section B.2, Contract Type, indicates this solicitation will result in a Cost Plus Fixed Fee award, will USAID please modify Attachment 2 to reflect a “Fixed Fee” budget line item instead of an “Award Fee”?

A.82. See answer A.49

Issue Date: November 5, 2021

Questions Due Date: November 9, 2021, 2021 at 5 pm, Belgrade time.

Proposals Due Date: December 14, 2021 at 5pm, Belgrade time

SUBJECT: Request for Proposal (RFP) No. 72016921R00006 for USAID/Serbia Public Procurement Activity

Dear Prospective Offeror:

The United States Government, represented by the U.S Agency for International Development (USAID), through the Regional Office for Acquisition and Assistance in Kosovo, is seeking proposals from…