Answers_to_questions_(2).docx

Attachment 1 Amendment to the SOL-114-13-000003

ANSWERS TO QUESTIONS FROM THE PROSPECTIVE OFFERORS

Question 1: Reference RFP Section L.5 General Instructions to Offerors Page 75: Can you please confirm that electronic delivery only of the proposal is acceptable?

Answer: Electronic submission of the proposal is acceptable. It can be viewed as the most a convenient method of the delivery, but not the only method.

As specified in Section L.5 (a) “The offeror should submit the proposal: (i) Electronically……or (ii) via regular mail……or hand delivery (including commercial courier)”.

Question 2: Reference RFP Section L.6 Instructions for the Preparation of the Technical Proposal Page 75: The instructions include references both to a 20-page and a 30-page limit. Please clarify the applicable page limit for the Technical Proposal.

Answer: Page limit for the Technical Proposal is 20 pages without annexes and attachments.

Question 3: Reference RFP Section L.6 Instructions for the Preparation of the Technical Proposal Page 77-78: In Section L.6 (4)A.1., on pages 77-78, USAID directs offerors to list in an annex to the technical proposal at least three of the most recent and relevant contracts for efforts similar to the work in the proposal. However, in L.6 (b), on page 75, “Annexes may be submitted, but they will not be considered as part of the evaluation criteria.” We request USAID to please clarify if the requested past performance information offerors provide and other items required in the annex will be evaluated? Specifically: (B) extraordinary problems, (C) quality awards/certifications, and (D) performance in using small businesses.

Answer: Annexes may be submitted but pages will not be counted. However, information that is contained in the annexes including CVs, list of at least three most recent and relevant contracts, etc. will be evaluated.

Question 4: The solicitation number on the cover letter and the Standard Form 33 differ from the solicitation number in the header from page 65 onwards. Can you please clarify the solicitation number?

Answer: The solicitation number is SOL-114-13-000003.

Question 5: In Section C.III on pages 10-11, Component One is a competitive matching grants program that includes the list of profit-making organizations as potential recipients on page 10. Under the Georgian Law on Grants, profit-making institutions are not permitted to receive grants. Does USAID have a special waiver or special agreement with the government of Georgia to allow grants to for-profit businesses and organizations, as well as any agreement with the Ministry of Finance to exempt these organizations from VAT and/or taxes on the grants?

Answer: USAID grants to Georgian companies are assistance which is exempt from taxation under the "Agreement between the Government of the United States of America and the Government of the Republic of Georgia Regarding Cooperation to Facilitate Humanitarian and Technical Economic Assistance" of 1992. Accordingly, since 1992, such grants have been exempt from calculations of taxable profit. The Tax Code of Georgia provides that grants, membership fees and donations may be exempted from the tax base of companies for the purposes of calculating taxable profit. However, USAID is aware that over the past year, some have identified possibly conflicting language in the law of Georgia on Grants. Under the Constitution of Georgia and the Tax Code of Georgia, in the event of an apparent conflict, exemptions provided in Treaty supersede the law on Grants. As stated by the Ministry of Finance, when calculating a company's tax "any effective international agreement has precedence over domestic Georgian legislation". With the U.S. Embassy, USAID is working with the Ministry of Finance to clarify the exemption. For the purposes of proposals, offerors should assume that grants to Georgian companies will not be taxable profit.

Question 6: In Section C.III – Expected Results, the RFP states that no more than a total of $6 million in grants may be dispersed. Should proposals assume that this $ 6 million is a plug figure for grants under contract or an illustrative figure that simply represents a total grants ceiling amount?

Answer: $6 million is not a plug figure for grants, rather it represents a total grants ceiling amount.

Question 7: Section L.6(b) on page 75 notes that the technical proposal is limited to 20 pages and later refers to a “30-page limitation.” Would USAID please confirm the correct page limit for the technical approach?

Answer: see above Answer to Question 2.

Question 8: Would USAID please clarify the distinction between “(A) Salary and wages,” which includes short-term expatriate and short-term cooperating country personnel, and “(C) Consultants” referenced in Section L.7 (b) on page 79?

Answer: The offerors can include short-term personnel in section of “Salary and wages” or “Consultants” based on the prospective contractual arrangement with them.

Question 9: Please confirm that short-term technical assistance/consultants are authorized to work a six-day workweek under REAP.

Answer: A six day workweek can be authorized by the COR on case by case bases for short-term technical assistance/consultants.

Question 10: Based on established agricultural market connections between Georgia and Turkey, will USAID expand REAP’s geographic code to include Turkey along with 110 and 937?

Answer: There is no blanket waiver of source and nationality code 937 and 110 for this activity. However, if the contractor believes that certain goods or services merit a waiver, it may request such a waiver and USAID will make a determination on a case by case basis as required by 22 CFR 228.13."

Question 11: Section H.14, language requirements, says fluent English and Georgian is required for “key administrative personnel.” What is the intended meaning of “key administrative personnel?”

Answer: Its key personnel plus personnel involved in management/administration of the project, not officially named as key personnel.

Question 12: Will USAID please clarify the maximum length of the technical proposal, allowable annexes and any limitations on annex length or content.

Answer: Maximum length of the technical proposal without annexes is 20 pages. There is no page limit for annexes.

Question 13: Will USAID please clarify the scoring of material presented in annexes such as past performance references, CVs of key staff, proposed STTA, organizational charts, etc.

Answer: Information provided in annexes should contribute to the evaluation criteria presented in Section M: CVs of key staff, proposed STTA, organizational charts, etc. will be considered when evaluating key personnel, and organizational Structure and Capacity, past performance references will be considered when evaluating past performance.

Question 14: Given that a major focus of the program will involve procurement of equipment and machinery, will USAID consider changing the authorized geographic code to 935, in order to ensure the broadest possible range of technologies are available to program beneficiaries?

Answer: See response on Question 10 above.

Question 15: Should offerors describe and budget for a project-level GIS system/equipment or is the contractor’s responsibility limited to providing data only?

The awardee will be required to submit GIS data to USAID following a template provided by USAID/Caucasus. The purchase of GIS equipment is not necessary to provide the required data.

Question 16: Reference RFP Section C Page 11:

The RFP states the following: “Specific to small- and medium scale processing or packaging enterprises, grant applicants will only be eligible for consideration and grant funding if their operations and practices reflect internationally recognized food safety and quality standards.”

• Please clarify whether a processing or packaging enterprise grantee needs to have internationally recognized food safety and quality standards already in place in order to be considered for a grant, or whether it is possible for the grant to be used to increase the grantee’s capacity to adopt such international food safety and quality standards, for example HACCP or other standards.

Answer: Processing or packaging enterprises do not need to have standards already in place to be considered for grants. Grant funding may be used to improve such enterprises’ capacity to adopt and implement HAACP and other food safety or quality standards.

Question 17: The RFP states the following: “Grants provided through REAP will not exceed 30% of the total estimated cash investment required for a new business start-up or the expansion of an existing business. Loans may be used to meet matching requirements, however in-kind contributions will not be considered.” Please clarify whether financial contributions other than loans may be used by the grantee to meet matching requirements.

Answer: Any type of financial contribution may be used to meet matching requirements. Only in-kind contributions will be excluded.

Question 18: Please clarify whether the grantee will be exempt from paying income tax on the received grants amount, or whether the tax paid on the grant amount may also be considered as a grantee’s matching contribution.

Answer: See above Answer to Question 5.

Question 19 : Can you tell me if there is an incumbent contractor currently performing work for this requirement? If so, could you please provide their company name and contract number?

Answer: This is a request for proposal for a new activity through the full and open competition. If interested, the information regarding the current USAID programs and projects can be found on the USAID/Caucasus official web site at http://georgia.usaid.gov/.

Question 20: Would the firm registered in Germany, be eligible to apply for this contract?

Answer: Authorized Geographic Code for this procurement is 937 and 110. Companies incorporated in Germany are not eligible to apply, since Germany is not included in the authorized Geographic Codes. See below citation from 22 CFR 228 Individuals and privately owned commercial firms – for your reference.

§ 228.31 Individuals and privately owned commercial firms.

(a) In order to be eligible for USAID financing as a supplier of services, whether as a contractor or subcontractor at any tier, an individual must meet the requirements of paragraph (a)(1) of this section (except that individual personal services contractors are not subject to this requirement), and a privately owned commercial firm must meet the requirements in paragraph (a)(2) of this section. In the case of the categories described in paragraphs (a)(2) (i) and (ii) of this section, the certification requirements in paragraph (b) of this section must be met.

(1) An individual must be a citizen of and have a principal place of business in a country or area included in the authorized geographic code, or a non-U.S. citizen lawfully admitted for permanent residence in the United States whose principal place of business is in the United States;

(2) A privately owned commercial (i.e., for profit) corporation or partnership must be incorporated or legally organized under the laws of a country or area included in the authorized geographic code, have its principal place of business in a country or area included in the authorized geographic code, and meet the criteria set forth in either paragraph (a)(2)(i) or (ii) of this section:

(i) The corporation or partnership is more than 50 percent beneficially owned by individuals who are citizens of a country or area included in the authorized geographic code or non-U.S. citizens lawfully admitted for permanent residence in the United States. In the case of corporations, “more than 50 percent beneficially owned” means that more than 50 percent of each class of stock is owned by such individuals; in the case of partnerships, “more than 50 percent beneficially owned” means that more than 50 percent of each category of partnership interest (e.g., general, limited) is owned by such individuals.

(With respect to stock or interest held by companies, funds or institutions, the ultimate beneficial ownership by individuals is controlling.)

(ii) The corporation or partnership:

(A) Has been incorporated or legally organized in the United States for more than 3 years prior to the issuance date of the invitation for bids or requests for proposals,

(B) Has performed within the United States administrative and technical, professional, or construction services, similar in complexity, type and value to the services being contracted (under a contract, or contracts, for services) and derived revenue therefrom in each of the 3 years prior to the date described in paragraph (a)(2)(ii)(A) of this section,

(C) Employs United States citizens and non-U.S. citizens lawfully admitted for permanent residence in the United States in more than half its permanent full-time positions in the United States and more than half of its principal management positions, and

(D) Has the existing technical and financial capability in the United States to perform the contract.

(b) A duly authorized officer of a firm or nonprofit organization shall certify that the participating firm or nonprofit organization meets either the requirements of paragraph (a)(2) (i) or (ii) of this section or §228.32. In the case of corporations, the certifying officer shall be the corporate secretary. With respect to the requirements of paragraph (a)(2)(i) of this section, the certifying officer may presume citizenship on the basis of the stockholders' record address, provided the certifying officer certifies, regarding any stockholder (including any corporate fund or institutional stockholder) whose holdings are material to the corporation's eligibility, that the certifying officer knows of no fact which might rebut that presumption.