Q A_SOL-167-16-000021_TEAM.pdf

Q&A_SOL-167-16-000021

Transparent, Effective and Accountable Municipalities (TEAM) activity in Kosovo

QUESTIONS AND ANSWERS (Q & A) SOL-167-16-000021

Q.1 On page 13 of the RFP, USAID notes that the Support Fund is to be used to “procure in-kind support for the five focus municipal administrations to identify and address problems that lead to vulnerability of the Local Government to corruption.” Would USAID provide some examples of the in-kind support for which you envision these funds being used?

A.1 The needs of the each municipality are specific; therefore we cannot anticipate at this point what will be these specific needs. These in-kind support grants will be used to complement technical assistance provided to these municipalities. During implementation, contractor will be able to identify tools, equipment, awareness raising campaign, study visit, etc. that can be procured, with the aim of support fulfillment of the TEAM objectives.

Q.2 On page 14 of the RFP, USAID notes that approximately $350,000 of the Support Fund should be used to “support creation of a Contractor Past Performance Records.” Would USAID confirm that these funds can be used to support hardware, software, training, technical assistance, and other possible costs associated with the creation of the PPIRS?

A.2 Yes.

Q.3 On page 14 of the RFP, USAID notes “the five focus municipalities will also have available some support funds that will complement the technical support.” Would USAID clarify if these support funds are in addition to the “at least $30,000” required to be set aside for each municipality to procure in-kind support?

A.3 This refers to the municipal in-kind support (at least $30,000).

Q.4 On page 16, the RFP specifies key principles the Contractor must keep in mind. We would appreciate if USAID could elaborate on its understanding of Local Solutions and the expectations with regard to the application of this principle in TEAM.

A.4 Whenever possible, Contractor will provide grant and/or subcontract to Kosovar organizations such as NGOs, consulting firms, think tanks and the like and engaged them to implement program activities.

Q.5 On page 23 of the RFP, regarding Key Personnel, we understand that the Component 1 and

Component 2 Leaders could be proposed as separate Key Personnel or combined into one Key Personnel position. Is there is flexibility in terms of which positions can be combined?

For instance, would it be possible to combine the Deputy Chief of Party with one of the Component Leader positions?

A.5 No, as per RFP, combining positions refers only to the heads of component 1 and 2.

Q.6 On page 73 (Section L.6), USAID notes that all pages, including the cover, Table of

Contents, and CVs for key personnel will count against the page limit. We respectfully request that the cover page, Table of Contents, Acronym List, and CVs be exempt from the 40-page limit.

A.6 No, USAID believes that 40 pages are sufficient to submit the Technical Proposal including; Cover Page, Executive summary, Table of Content, Acronyms and CVs for Key Personnel.

Q.7 May offerors submit a summary performance indicator table as part of the Adaptive

Management Plan that does not count against the page limit?

A.7 No, all tables will count toward the page limit.

Q.8 Section 5, “Grading Table” of Attachment 1 states that “The percentage weights indicated and the grading table above is quantifying devices. Their sole purpose is to provide guidance on arriving at a general assessment of the amount of interim or final award fee earned. In no way do they imply an arithmetical precision to any judgmental determination of the contractor’s overall performance and amount of interim or final award earned.” Will USAID clarify how the performance rating will be used to quantify the award fee percentages earned?

A.8 USAID consulted NASA’s Award Fee Contracting Guide in structuring the Award Fee Plan. Please see NASA’s Guide for examples of how the performance rating will be used to quantify the award fee percentages earned. During implementation USAID plans to perform a mock award fee evaluation with the contractor before the first award fee evaluation period to ensure that all parties understand and are comfortable with the process.

Q.9 Section I.2 (g) of Attachment 1 states “Award fee determinations are not subject to the

Disputes clause of the contract.” Please clarify what recourse, as per FAR Clause Subpart 33.2—Disputes and Appeals, the contractor may use to assert and resolve claims related to the determination of fee. As well, please clarify what recourse, the contractor may use to assert and resolve claims related to a unilateral change to the award fee plan, as described under Section I.2 (h) of Attachment 1.

A.9 By entering into the contract, the contractor will be agreeing that the decision by the Fee Determination Official will be final and the Government has the ability to make a unilateral change to the award fee plan. These are risks the contractor will be taking.

Q.10 Section 2.b of Attachment 1 states “the Chair may recommend the appointment of non-voting Members to assist the AFB in performing its functions.” How will USAID ensure that the appointment of host government representatives to serve as non-voting members of the board does not present a conflict of interest? For example, how would USAID ensure that host country beneficiaries do not influence the award fee based on the degree to which the contractor has responded to requests for in-kind assistance which do not necessarily support the goals of the TEAM activity?

http://www.hq.nasa.gov/office/procurement/regs/afguidee.html

A.10 The process is intended to improve communication between the parties and the contractor has an opportunity to present its viewpoint and concerns to the Fee Determining Official. If the contractor develops concerns about the process and influence during implementation, it should raise them with USAID and work through the concerns together.

Q.11 Section H.15 (Page 40) states that all STTAs will be treated as subcontractors if they are not employees of the contractor. Treating consultants as subcontractors could contradict our organization’s Cost Accounting Structure, as our indirect rates are applied to consultants and subcontractors differently. Could USAID clarify what is meant by “treated as subcontractors” under this contract?

A.11 The requirement in Section H.15 of the RFP means that FAR clause 52.244-2, Subcontracts, applies to Short Term Technical Assistance (STTA) that is provided by an individual who is not an employee of the contractor. STTA is sometimes referred to as consultant or independent contractor or 1099 consultant. This requirement in Section H.15 is meant to clarify that if the STTA do not meet the definition of employee, then they are a subcontractors.

Q.12 Page 72 (under L.5) indicates a preference that the technical proposal be submitted as a single email attachment. Because Word documents are often very large and in light of 5 MB limit on email attachments may offerors submit technical proposals in PDF?

A.12 Yes, the offerors may submit Technical Proposals in PDF format.

Q.13 Please clarify the difference between the cover letter referenced in page 72 (L5) and the cover letter or executive summary' referenced on page 73 (L.6).

A.13 Please see the Amended RFP (“Cover Letter or Executive Summary” on page 73 (L.6) is changed to “Executive Summary”).

Q.14 Section B.2 states that the type of contract is “Cost Plus Award Fee (CPAF)/Completion type Contract,” and L.2 states it is CPAF. Per FAR 16.3, contracts are either cost-plus-award-fee or cost-plus-fixed-fee completion. Can USAID please confirm the intended contract type is CPAF?

A.14 The type of contract is Cost Plus Award Fee (CPAF), Please see Amended RFP.

Q.15 Section H.12 (d) of the RFP limits offerors to annual salary increases of no more than 3 percent. This restriction may preclude offerors from complying with AIDAR 752.7007, incorporated by reference in RFP Section H.11, which states that “Direct compensation of the Contractor’s personnel will be in accordance with the Contractor’s established policies, procedures, and practices, and the cost principles applicable to this contract.” Specifying the annual salary increase offerors can provide their staff may result in offerors deviating from AIDAR 752.7007. We respectfully request that USAID revise the annual salary increase percentage to state “to be determined,” which would allow offerors to submit cost proposals in accordance with their established policies, procedures, and practices.

A.15 Annual salary increases of 3% will stay as it is but that doesn’t precludes the prospective contractor to request increase above 3% as it is specified in the RFP.

Q.16 In Section H.15, Consent to Subcontracts, USAID indicates that “all STTAs will be treated as subcontractors if they are not employees of the contractor.” Per FAR 44.101, Definitions, “Subcontractor” is defined as “any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.” STTAs retained by contractors are not suppliers, distributors, vendors, or firms. Will USAID please consider removing this requirement from section H.15?

A.16 No, please see answer A.11 above.

Q.17 Section K.1 incorporates by reference FAR 52.237-8, Restriction on Severance Payments to Foreign Nationals (AUG 2003). Consistent with the guidance in FAR 37.113-1 and considering that the anticipated contract will be performed entirely overseas, we respectfully request that USAID include FAR 52.237-9, Waiver of Limitation on Severance Payments to Foreign Nationals, to prevent conflict with applicable local employment laws.

A.17 FAR 52.237-9 included in Section K.1(please see the Amended RFP)

Q.18 Would USAID consider exempting CVs from the 40-page limit on the technical volume, as outlined in section L.6 of the RFP, to enable offerors adequate page allocations to describe our technical approach, activity adaptive management plan, and staffing plan in sufficient detail?

A.18 No, USAID believes that 40 pages are sufficient.

Q.19 Page 12, Section C, (b), 2. Conduct a Procurement Training Needs Gap Analysis: USAID writes that the training gap analysis will be used “in combination with secondary data.”

Does USAID intend for contractors to use a particular set of secondary data, or is it up to the contractor to identify secondary data sources? If USAID wishes for the contractor to use a particular set of secondary data, could USAID share that data with offerors, please?

A.19 It’s up to the contractor to identify secondary data that will supplement and validate findings and recommendations deriving from the Training Gap Analyses Report

Q.20 Page 13, Section C, (b), 5: USAID writes that “[t]he support fund will be used to support the five focus municipalities and local organizations such as NGOs and think tanks.” Given the technical nature of the software, would USAID allow offerors to propose a firm for Support Fund sub-component 2 “Support creation of a Contractor Past Performance Records” system if it would provide the best value to the USG?

A.20 Yes.

Q.21 Page 40, Section H.15: USAID states that “[a]ll STTAs will be treated as subcontractors if they are not employees of contractor.” Would USAID please confirm that the offerors will not need to prepare Consent to Subcontract documentation for each individual providing

STTA?

A.21 No, consent to subcontract for STTAs will be required if it is required by FAR clause

52.244-2. See answer A.11 above.

Q.22 Page 73, Section L.6: USAID requires that technical proposals be submitted on A4 size paper. Would USAID also accept proposals typed on 8.5” x 11”size paper?

A.22 Yes, please see the changes in the Amended RFP.

Q.23 Page 73, Section L.6: USAID requires that technical proposals be submitted in Microsoft

Word (2004-2010). Would USAID accept technical proposals submitted in Adobe PDF instead, please?

A.23 Yes, please see the changes in the Amended RFP.

Q.24 Page 73, Section L.6: USAID does not list an acronym list as an allowable section of the proposal. Would USAID allow for an acronym list that is excluded from the 40-page limit to facilitate review of the proposal?

A.24 No.

Q.25 Page 73, Section L.6: USAID states that the cover page, executive summary, table of contents and CVs for key personnel do count against the page limit. Would USAID please revise the RFP to reflect that these sections of the proposal do not count against the page limit?

A.25 No, please see Answer A.6 above.

Q.26 Page 78, Section M.2: USAID writes that “[t]he criteria are presented by major category, with relative importance stated, so that Offerors will know which areas requires emphasis in the preparation of proposals.” The importance of each category relative to the others, however, is not given. Would USAID please provide the relative importance of each category, either in percentages or points?

A.26 Please see the Amended RFP

Q.27 Pages 74-77, Section L.7: Would USAID please provide its preferred EUR to USD exchange rate so that cost proposals can be evaluated fairly?

A.27 USAID does not have any preferred EURO to USD exchange rate.

Q.28 Pages 77, Section L.7: Could USAID clarify whether Section K and Evidence of Responsibility are required for subcontractors, please?

A.28 Evidence of Responsibility is not required for subcontractors. It is prime contractor’s responsibility to conduct the responsibility determination for their subcontractors.

Q.29 Pages 74-75, Section L.7 (b): Would USAID please share the current local compensation plan for Kosovo?

A.29 Yes, please see the Amended RFP, Attachment 8 – Salary Scale.

Q.30 I.A, page 11: Please confirm that activities awarded under the support fund (including the

$350,000 stipulated in Section I.5 on page 13) can be used for activities that support the components, such as Helpdesk support, implementation of the Past Performance Records system, or visualization tools for open CSO reporting.

A.30 Support Fund will support implementation of the three TEAM Components. The Support

Fund will be used to support the five focus municipalities and local organizations such as NGOs and think tanks.

Q.31 Section I.5 (Page 13): Must the $350,000 to support creation of the Contractor Past

Performance Records system be allocated entirely through the support fund?

A.31 Yes.

Q.32 Section L.7.d, page 76 of the RFP lists Part 4 of the Cost volume as “Past Performance,” but the instructions in L.7.d.1 say that the information should be provided as an annex to the cost proposal (emphasis added). Please confirm that Offerors should place their Past Performance information in Part 4 of the Cost volume.

A.32 Offerors should place their Past Performance information in Part 4 of the Cost volume.

Q.33 Please confirm that Section B.4 (Indirect Cost) and B.5 (Advance Understandings on

Ceiling Indirect Cost Rates and Final Reimbursement for Indirect Costs) (pages 7-8) are only required for the prime contractor.

A.33 Information in Section B.4 and B.5 is required only for prime contractor.

Q.34 Section I.2 (Page 12) refers to increasing the sustainability of training. Is current E-procurement system training, including the engagement of current training providers, expected to continue once TEAM is operational?

A.34 Yes.

Q.35 Regarding Section I, Component 1, bullet 2 (page 14): Can USAID provide any available documentation describing procurement-related training that has been received to date by municipalities, including any available information regarding target trainees, training provider(s), topics covered, outcomes, and date(s) of training?

A.35 All this information could be obtained from the Kosovo Public Procurement Regulatory

Commission (KPPRC) – that is responsible for managing e-procurement system, including trainings.

Q.36 Section I, Component 2 (page 15) states that the Contractor will “ensure proper operation” of the E-Procurement system. Will the contractor be expected to provide ongoing IT support for the system, such as Helpdesk services, security patching, bug fixes, etc.?

A.36 Contractor is expected to provide all needed support to the KPPRC IT team to ensure operation and maintenance of the e-procurement system

Q.37 Section H.15, (page 40) ‘Consent to Subcontract’: If this requirement remains in the resultant contract, could USAID please confirm that, where STTA are engaged on a fixed price basis, international travel approval will not be required?

A.37 Consent to Subcontract is separate action; International Travel Approval is required in accordance with section H.16 and clause I.4 AIDAR 752.7032 of the RFP.

Q.38 Section M.2 (page 78) says “The [evaluation] criteria are presented by major category, with relative importance stated, so that Offerors will know which areas require emphasis in the preparation of proposals.” We are unable to locate the relative importance information. Can USAID please provide it?

A.38 Please see the Amended RFP

Q.39 Section L.5 (page 72) states that (when submitting proposals) “All attachments must be in

MS Word, Adobe PDF, or MS Excel readable format.” Section L.6 (page 73) states that proposals shall be submitted in Microsoft Word. Please confirm that USAID will accept proposals submitted in PDF format, with a budget submitted in Excel.

A.39 Yes, USAID will accept proposals submitted in PDF format, with a budget submitted in

Excel.

Q.40 Section L.5 (page 72) states “The proposal must be accompanied by a cover letter typed on official organizational letterhead and signed by a person who has signatory authority for the organization” (emphasis added). Please confirm that a cover letter that is submitted as a separate attachment to the Offeror’s e-mail will not count against the 40-page limit for the technical proposal.

A.40 Please see answer A.6 above and the Amended RFP.

Q.41 Section L.6 (page 73) states that proposals shall be submitted on A4-size paper. Please confirm that USAID will accept proposals submitted on US Letter-sized paper.

A.41 Yes, please see the Amended RFP.

Q.42 Please provide a telephone number that Offerors can use to confirm receipt of their proposals, in the event that we do not receive e-mail confirmation of receipt.

A.42 Ethan Takahashi Tel: 1-202-712-4739 and Dukagjin Hasani Tel: +381-38-5959-2251

Q.43 Section L.7.d (page 76) states that Offerors should submit past performance information for projects with a cost between $5,000,000 and $15,000,000. Given that projects of higher value may include significant procurement-related activities, please confirm that Offerors may also use projects with higher values, provided that they meet the period of performance and relevancy criteria cited in this paragraph.

A.43 Offerors may also use projects with higher values up to $20,000,000, please see the

Amended RFP

Q.44 Section L.7.d (page 76) states that Offerors should submit past performance information for contracts not in PPIRS (emphasis added). Please confirm that Offerors may demonstrate their directly-relevant capabilities through other mechanisms, such as cooperative agreements.

A.44 Offerors may submit past performance information about Cooperative Agreement.

Q.45 Section M.3.d (page 79) states that prime Offerors who are not small business concerns will be evaluated on “their utilization of Small Business concerns as subcontractors, including efforts in achieving small business participation goals.” Please confirm that Offerors should submit a response to this requirement as an annex to the Cost Proposal.

A.45 No, this information is included in PPIRS.

Q.46 Aside from training, what does USAID anticipate duration of on-the-job capacity building to be within each municipal procurement office?

A.46 Contractor should have capacity to provide on-the-job capacity building during the entire award duration. Contractor will need to provide evidence that the capacities of each of the procurement office have increased and improved at the level that the on=the=job coaching becomes unnecessary.

Q.47 Will training focus on enforcement of violations or purely on procurement controls and processes related to anti-corruption?

A.47 Mainly on procurement controls and processes related to anti-corruption.

Q.48 What type of e-procurement systems are currently in place at the municipal level? Will all municipalities have adopted the new system by the time of project initiation?

A.48 Currently there is no e-procurement system in place at the municipal level. E-procurement system developed will serve all Kosovo Budgetary Units (including municipalities) It is planned that by January 2017, e-procurement system will become mandatory for all municipalities as well.

Q.49 Are procurement managers a centralized function at the municipal level (e.g. in finance) or decentralized/embedded in different government branches?

A.49 Procurement managers are mainly centralized function at the municipal level. But, Municipal Utility Companies will have their own budget therefore their own procurement managers as well.

Q.50 Does USAID require standard criteria to evaluate CSOs for Component 3 or is does the contractor have the ability to establish criteria?

A.50 Contractor is expected to identify and propose the standard criteria for evaluation of

CSO’s.

Q.51 How does USAID anticipate grants to be disbursed by the contractor? Will the contractor be required to manage funds directly?

A.51 Yes, contractor will manage grants directly.

Q.52 Is it anticipated that component 3 will include a training element conducted by the contractor for CSO capacity building, or primarily the evaluation, selection, and funding of CSOs?

A.52 Through Component 3, contractor is expected to provide training to CSOs and evaluation, selection and funding of CSO’s.

Q.53 Are we providing training to all 38 municipalities or just the 5 focus municipalities?

A.53 Based on findings from the Training Needs Gaps Analysis, the contractor will provide some level of training to all 38 municipalities. See Section J, Attachment 2 – TEAM Background Information for examples of possible activities (under Component 1) and trainings that may be implemented in only five focus municipalities and which ones maybe provided/offered to all 38 municipalities.

Q.54 How is the contractor expected to increase capacity of municipal finance departments in budgeting?

A.54 It’s up to the contractor to propose how.