RFQ N. 72052724Q00010.pdf

Issuance Date: 07-12-2024

Closing Date: 07-26-2024 Closing Time: 2:00 pm, Lima Local Time

VIA ELECTRONIC MAIL

Reference: Request for Quotations (RFQ) No. 72052724Q00010 Consultations on Forestry and Wildlife Law amendments to promote sustainable agricultural practices

Dear Sir/Madam:

The U.S. Agency for International Development/Peru (USAID/Peru) requests quotations for the provision of the services described in Attachment 1 – Statement of Work. The solicitation is prepared in accordance with Federal Regulation Acquisition (FAR) Part 12, Subpart 12.6, and part 13, subpart 13.106-1 and as supplemented with additional information included in this notice.

When preparing your quotation, please consider the following:

1. A Firm Fixed Price (FFP) Purchase Order is anticipated as a result of this RFQ. The submission of your quotation does not constitute automatic selection.

2. The Award will be made on a best value basis. “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement, price included.

3. The quote price must not exceed $209,000 (inclusive of taxes).

4. Evaluation of quotes received will be conducted in accordance with the Evaluation Criteria contained under Attachment 3.

5. USAID/Peru anticipates August 12, 2024, to be the effective contract start date. Please confirm your availability to start performing activities around this date.

Quotes in response to this RFQ must be submitted to limasolicitations@usaid.gov with a copy to Ms. Monica Ortega, Acquisition and Assistance (A&A) Assistant, at moortega@usaid.gov, no later than Friday, July 26, 2024, 2:00 pm (Lima local time).

mailto:limasolicitations@usaid.gov mailto:moortega@usaid.gov

RFQ No. 72052724Q00010

The United States Government (USG) reserves the right to reject any or all offers received. This letter does not constitute an award commitment on the part of the USG, nor does it commit the USG to pay for the costs incurred relative to the preparation and submission of a quotation.

Thank you for your consideration of this USAID initiative.

Sincerely, Dion Glisan Regional Contracting Officer USAID/Peru

Enclosures: Attachment 1. Statement of Work Attachment 2. Instructions for Quote Preparation Attachment 3. Selection Criteria Attachment 4. Solicitation Provisions

ATTACHMENT 1

STATEMENT OF WORK

I. TITLE:

Consultations on Forestry and Wildlife Law amendments, and related regulations, to promote sustainable agricultural practices.

II. PERIOD OF PERFORMANCE:

The period of performance is up to six (6) months.

III. BACKGROUND:

In response to inefficiencies in the implementation of the 2015 Forestry and Wildlife Law (Law No. 29763) that disadvantaged small-holder farmers in the Amazon, the Congress passed modifications of that law in December 2023. These modifications move responsibility for determining land use from the Ministry of Environment (MINAM) to the National Forestry Service (SERFOR), under the Ministry of Agricultural Development and Irrigation (MIDAGRI), and Regional Governments (GORE), and create the conditions to grant property rights to all current agricultural users.

This liberalization was welcomed by many agricultural organizations, but is criticized as likely to cause accelerated deforestation, including on Indigenous Peoples’ territories, while not improving access to tightly regulated EU markets.

To resolve the situation in a way that meets the needs of agricultural producers without threatening Peru’s forests, indigenous peoples, or Peru’s international commitments, USAID seeks to (1) support a series of roundtable discussions in the most-affected regions of Peru, to determine the needs and concerns of diverse parties, including agricultural producer organizations, trade groups, Indigenous representative organizations, civil society groups, local governments, and others, and (2) to present the findings of these discussions to the Congress and relevant ministries in a format that is readily adapted to be used for legislative or regulatory proposals.

On May 6, 2024, the World Bank, InterAmerican Development Bank, European Union, German, UK and Norway cooperation agencies, along with USAID, organized an event in Lima to facilitate the discussion on this topic. It was agreed that a space for discussion was needed with all relevant actors and that one event would not be enough to determine a way forward. This event was a good starting point for discussions, exchange of ideas, and different points of views. A follow-up session in Tarapoto with MIDAGRI and other interested parties confirmed the value of basing the roundtables on MIDAGRI’s “Hoja de Ruta Optimización de Normativa Forestal y Ambiental.”

IV. OBJECTIVE

Facilitate a participatory process that includes national and regional government institutions, private sector, civil society NGOs, foreign missions and/or their international cooperation agencies, and Indigenous Peoples representatives organizations, to discuss recent amendments to the Forestry and Wildlife Law, and related regulation, to identify concrete recommendations for legislation or regulations that will result in formalization and market benefits for agricultural producers in the Amazon, while protecting Peru’s natural forests.

V. SCOPE AND DESCRIPTION OF THE SERVICE

Task 1: Convene facilitated roundtable discussions in the most-affected regions of Peru (Ucayali, Madre de Dios, San Martin, and Loreto), where stakeholders can present their needs and interests, and respond to possible regulatory or legislative proposals. Sessions should collaborate with MIDAGRI and other GOP agencies to determine the concerns of local government, agricultural producer organizations, trade groups, indigenous organizations, civil society groups, and others. Facilitation should include preliminary consultations with key participants to provide information and to identify their interests.

Task 2. Present findings to national and regional government entities, including the Congress and relevant ministries.

Task 3: Consolidate findings and requirements for review and revision by smaller groups of representative stakeholders, with the goal of establishing a consensus way forward.

Task 4: Engage legal specialists to draft legislation or regulations reflecting the consensus, in consultation with relevant GOP agencies, Congressional committees, and individuals.

Task 5: Prepare a final report, including draft proposals.

Description of the Service

1. Roundtable organization and facilitation

Due to the different perspectives on the amendments to the Forestry and Wildlife Law, as well as the legal status of farmers in the Amazon, a participatory process is needed to elicit different perspectives and identify common ground. Events need to be organized in Lima, but especially in the main Amazonian cities of the Ucayali, Madre de Dios, San Martin, and Loreto regions).

These events should count on the participation of the central government, and the GOREs.

Additionally, it is important to have the presence of civil society organizations, private sector, as well as representatives of Indigenous peoples. The local and industrial-scale private sector also has an important role to play and should be included in the discussions. Approximately eight roundtables are expected. USAID and other international organizations will also participate, especially IDB, World Bank, and European bilateral donors.

While listening to the positions of each relevant stakeholder is important, exchanges should be facilitated and directed to develop tangible proposals that address and improve the current regulations. Therefore, participants should also respond to regulatory or legislative objectives, specifically including MIDAGRI’s “Hoja de Ruta.”

Organizers are expected to make every effort to promote gender equity among participants and leaders of the sessions.

2. Facilitate engagement and discussions within and between the Executive Branch and the Congress

While the roundtables will provide insight into the interests and positions of the relevant stakeholders, it is essential that these ideas and proposals are accepted and applied by the government. In this sense, it is important to facilitate coordination, exchange of information and joint work in the Executive Branch, and with the Congress of the Republic, especially with regard to legislative initiatives. Additionally, in-person interviews should be conducted to resolve specific issues with government officials, civil society and Indigenous peoples’ representatives.

3. Consolidate findings and requirements for review and revision

Having carried out the necessary round tables and interviews, the information collected should be consolidated and categorized. The identified categories should be related to the sections to be modified in the Forestry and Wildlife Law, its regulations or related legislation. The proposals should be accompanied by relevant data.

4. Socialize the information collected

Once the consolidation and categorization of the information gathered in the regional meetings has been completed (and before drafting the legislative or regulatory proposals), the team should make a presentation in Lima to socialize this information and, in a systematized manner, present the main findings and aspects that may be relevant in a preliminary manner; in order to receive the final comments. This presentation should take into account all the stakeholders that have been part of the participatory process.

5. Drafting of legislation and/or regulation

A team should be established to draft or support the drafting of the necessary legislation or regulations. This may include modifications to the Forestry and Wildlife Law, its regulations, or related legislation. Although the drafting should take into account the inputs from the participatory processes in which all stakeholders participated, the ultimate goal must be to catalyze positive legislative and/or regulatory change. Therefore, special attention should be paid to the participation of commission members, experts, advisors and congresspersons, in the case of a legislative-level initiative; and the Executive Branch, in the case of a regulatory-level initiative.

For this section it is necessary to include professionals that bring the necessary legal expertise to the team, for the creation of the specific legal formulas. The purpose is to have the proposals ready to be sent to the Legislative or Executive Branch, as appropriate. In the case of legislative proposals, this includes the “Exposición de Motivos” that accompanies each legislative proposal.

These legislative and regulation proposals must detail the consultations that have been collected and the opinions of relevant organizations and data. It is also important that the team in charge of drafting legislative and regulatory proposals consult frequently with specialists and specialized organizations in order to generate solid proposals that respond to the opinions gathered during the participatory process.

6. Final meeting to socialize the proposals

Once the legislative and regulatory proposals have been developed, the team should make a presentation to socialize and explain the proposals developed and receive final comments. For this presentation, all stakeholders who have been part of the participatory process should be taken into account.

7. Final report

A final summary report should be prepared with information about the participatory process, composition and briefings from every roundtable, interview and meeting. The report should also include a description of the processes to sort out the information that was gathered. Lastly the proposals that have been drafted and the proposed steps to get the enactment and/or approval of those proposals should also be included in the report.

VI. PLACE AND PERIOD OF EXECUTION

Performance of this contract and associated activities will be in Peru. The roundtables should be organized in Lima, in the main Amazonian cities of the Ucayali, Madre de Dios, San Martin, and Loreto regions. Interviews and meetings should be done in-person to the extent possible;

virtually, hybrid, and in writing as needed.

The term of execution of the service will be provided in one hundred and eighty (180) calendar days, counted from the day following the date of notification of the Service Order.

VII. DELIVERABLES

Deliverable 1 Submission of Work Plan

Deliverable 2

Monthly written and oral progress reports on roundtables, meetings, interviews, drafting, etc.

Deliverable 3 Report with the consolidated information including its categorization.

Deliverable 4

Draft legislation and/or regulation based on the information from deliverable 3.

Deliverable 5 Final report in English and Spanish

Indicators may be limited to inputs, e.g., number of events and consultations, and numbers of people from different stakeholder groups, disaggregated by gender.

Each listed deliverable must be approved by USAID before it can be considered completed.

VIII. QUALITY STANDARDS

Deliverable Quality Standard Date

Deliverable 1 Submission of Work Plan

● Written, as a Microsoft Word and PDF file attached to an email to the COR.

● In English.

● Work Plan must, at a minimum:

o Length: Up to 10 pages.

o Include the following sections:

introduction/background, objectives, indicators, methodology(ies), proposed schedule for events and deliverables), steps to be taken for selecting and working with key stakeholders.

10 days after award signature

Deliverable 2 Monthly written and oral Progress Reports.

● Written, as a Microsoft Word and PDF file attached to an email to the COR.

● In Spanish with a courtesy copy in English.

● Reports must, at a minimum:

o Approximately 5-10 pages in length.

o Include the following sections:

Executive Summary, meetings and interviews that were held, details of participants, main topics that were discussed, follow-up meetings or interviews, recommendations, and next steps.

Monthly on month 2, 3, 4

Deliverable 3 Report with the consolidated information including its categorization of proposed legislation and regulation.

At the conclusion of the regional roundtables

● Written, as a Microsoft Word and PDF file attached to an email to the COR.

● In English.

● Report must, at a minimum:

o Approximately 10-15 pages in length.

o Include the following sections:

Executive Summary, introduction/background;

methodology; categorization of main ideas into the potential legislation or regulation to be drafted, list of relevant stakeholders in each category, needed follow-up meetings to finalize a draft plan, plan to draft legislation and regulation, information on how the discussion has been related with MIGADRI’s Hoja de Ruta.

Deliverable 4 Draft legislation and/or regulation based on the information from deliverable 3.

● Written, as a Microsoft Word and PDF file attached to an email to the AOR.

● In Spanish.

● Report must, at a minimum:

o Approximately 10-15 pages in length.

o Include the following sections: Draft legislation and regulations, recommendations and next steps.

No later than 150 after award signature

Deliverable 5 Final report and presentations to USAID Mission, other donors, and an external, public audience.

• No later than 180 days after the award signature.

• Presentation of the final report must be approximately 30 mins of and 30 mins of Q&A.

IX. APPROVAL

The approval of the deliverables will be made by the USAID/Peru Forestry and Climate and or Governance Team Leader or a person assigned by the Contracting Officer, after review and approval by the specialist in charge designated by the General Directorate of Forest and Wildlife Policy and Competitiveness of SERFOR.

X. PAYMENT SCHEDULE

The contractor is expected to meet or exceed all the objectives outlined in the Statement of Work above. Payment shall be made as follows:

Deliverable Payment Amount

Payment upon USAID review and approval of Deliverable 1. 40%

Payment upon USAID review and approval of Deliverable 2. 20%

Payment upon USAID review and approval of Deliverable 3. 10%

Payment upon USAID review and approval of Deliverable 4. 20%

Payment upon USAID review and approval of Deliverable 5. 10%

XI. CONFIDENTIALITY

The Contractor must maintain absolute confidentiality and reserve in the handling of information and documentation to which s/he will have access and is prohibited from revealing said information and results to third parties, otherwise, the provider will be subject to a complaint before the respective judicial instance. The contractor may be required to sign a Non-Disclosure Agreement.

The provider will keep all the information provided by SERFOR confidential and at the end of the service, will return all those documents that were provided. This includes both printed material and recorded on magnetic and/or digitized media.

All information and/or documentation generated as part of the service will be the exclusive property of USAID, and the provider may not use it outside of this service.

[END OF ATTACHMENT 1]

ATTACHMENT 2

Instructions for Quote Preparation

a. Instructions for the Preparation of the Technical Quote:

The technical quote must include the following sections and will be evaluated in accordance with Attachment 3 (Selection Criteria). The technical quote must not exceed 3 pages. The Quote should also have a Resume included as an annex (Résumé will not count as part of the page limitation).

● Strategic Approach (Maximum of 2 pages)

● Institutional Capacity and Past Performance (1 page)

All quotes must be submitted by the deadline indicated on the cover page of this solicitation to limasolicitations@usaid.gov with a copy to Ms. Monica Ortega at moortega@usaid.gov. The subject of the email must be “RFQ No. 72052724Q00010 – Quote.”

The technical quotes will be evaluated in accordance with evaluation factors set forth under Attachment 3.

b. Instructions for the Preparation of the Price Quote:

This will be a FFP purchase order. Therefore, offerors are instructed to provide a single price quote for all the services outlined in the Statement of Work. Offerors are encouraged to offer realistic and competitive price quotes.

[END OF ATTACHMENT 2]

mailto:limasolicitations@usaid.gov

ATTACHMENT 3

Selection Criteria

All offers will be evaluated according to the following evaluation factors. They are of equal importance.

a) Strategic Approach

Offerors must outline the strategy and process that will be followed in order to meet the deliverables outlined above, in accordance with the performance standards stated and in a timely fashion. The Strategic Approach must describe the actual road map that will lead to the implementation and achievement of the SOW objectives.

b) Past Performance

The Offeror must provide evidence of their expertise and capacity to successfully accomplish the Statement of Work. For this purpose, offerors are required to submit information on at least one project of similar size, scope and complexity that they implemented in the last five (5) years. Such information must contain the following:

● Project Name

● Funding Source (Organization)

● Award/Contract No.

● Period of Performance

● Dollar Value of the work performed

● Point of Contact (name, email address, telephone numbers) who can attest to the offeror’s performance on projects.

The Past Performance information is not included in the page limit of the technical quote.

PRICE

Price will be evaluated to determine if the offeror’s price is fair, reasonable and realistic for the work to be performed.

POINTS OF CONTACT

Mr. Jose Antonio Zarzar Administrative Contracting Officer Regional Office of Acquisition and Assistance

Email address: jzarzar@usaid.gov mailto:jzarzar@usaid.gov

Mrs. Monica Ortega Acquisition & Assistance Assistant Regional Office of Acquisition and Assistance

Email address: moortega@usaid.gov

[END OF ATTACHMENT 3]

ATTACHMENT 4

SOLICITATION PROVISIONS

The following provisions pertinent to this section are hereby incorporated by reference in accordance with the clause at FAR 52.252-2 “Clauses Incorporated by Reference.” See FAR 52.252-2 and the provisions listed below at: http://farsite.hill.af.mil/vffara.htm.

● 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015)

● 52.212-2 -- Evaluation -- Commercial Items.

● 52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

● 52.212-4 -- Contract Terms and Conditions -- Commercial Items.

● 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items.

Additionally, the following clauses are hereby incorporated in full text:

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a http://farsite.hill.af.mil/vffara.htm contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

[END OF ATTACHMENT No. 4]

[END OF RFQ No. 72052724Q00010]