Amenmdnent_1_-_SOL-167-17-00009.pdf

. USAID

%,'"l',"k<f/ FROM THE AMERICAN PEOPLE

Request for Proposals (RFP) No.: SOL-167-17-000009

Amendment Issue Date: June 5, 217 Closing Date: June 13, 2017 at 5pm, Kosovo local time

SUBJECT: Request for Proposal (RFP) # SOL-167-17-000009. Amendment #0 USAID/Kosovo - Municipal Competitiveness Index

Dear Prospective Offeror:

The purpose of this amendment is to add Section 11.12 in the solicitation and to respond questions received as below to Amendment #01.

I. Add following clause to Section H.12 of the SOL167-16-00006:

"ADS 302.3.5.17 Limitation on Subcontracting to Non-Local Entities (July 2014)"

(a) Applicability. This provision applies to:

(i) Contracts that have been awarded to those local entities under the authority of and as defined in Section 7077 of Public Law 112-74. the Consolidated Appropriations Act, 2012 (P.L. 112-74).

as amended by Section 7028 of Public Law 113-76, the Consolidated Appropriations Act. 2014.

also known as "Local Competition Authority"; and

(ii) Contracts awarded to local entities (as defined in Section 7077 of Public Law 112-74) under the authority at A1DAR 706.302-70 Impairment of foreign aid programs.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract for—

(1) Services (except construction), at least fifty (50) percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

(2) Supplies (other than procurement from a non-manufacturer of such supplies), the prime/ local entity concern must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction, the prime/ local entity concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(c) By submission of an offer and execution of a contract, the Offeror/Contractor represents that it is an individual, a corporation, a nonprofit organization, or another body of persons that:

(1) Is legally organized under the laws of;

(2) Has as its principal place of business or operations in;

(3) Is majority owned by individuals who are citizens or lawful permanent residents of; and

(4) Is managed by a governing body the majority of who are citizens or lawful permanent residents of the country in which this contract will be primarily performed.

(d) For purposes of this clause, "majority owned" and "managed by" include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

(END OF PROVISION)

II. Answer to the questions:

Question 1: Regarding the eligibility criteria, can you kindly clarify whether businesses and for-profit organizations are eligible or ineligible for this solicitation? The first page of the solicitation does NOT specifically exclude for-profit organizations, whereas page 52 specifies that the offeror must be an NGO. In contrast to that. Section L.7.d. (Part 4 - Evidence of Responsibility) on page 55 mentions small business offerors as potential applicants.

Response: Organizations that meets local organization definition are eligible to apply. Therefore, all Kosovo entities, such as private, non-profit and profit organizations, including private voluntary organizations, universities, research organizations, professional associations, and relevant special interest associations are eligible to apply.

Regarding small business, refer to section L.7.d - "in the case of a small business Offeror, the Contracting Officer will comply with FAR 19.6".

Question 2: With regard to the requirements for organizations being registered with SAM, DUNS and NCAGE, can you please clarify whether this applies only to the consortium leader (lead applicant) or does it also apply to all consortium partners? If it applies to all consortium partners, do they have to be registered with all three or does for instance DUNS number registration suffice?

Response: SAM, DUNS and NCAGE applies only to the lead Offerors.

Question 3: What is theavailable budget of theproject, as it is not stated in the solicitation and is specified as TBD?

Response: It is up to offerors to propose the price to implement work under this solicitation.

Question 4: According to the Synopsis "the competition under this solicitation is limited to local entities in accordance [...]. For the purpose of the solicitation, local entity means an individual, a corporation, a nonprofit organization, or another body of person that: (1) Is legally organized under the laws of Kosovo; (2) have its principal place of business or operations in Kosovo; (3) And is: (A) majority owned by individuals who are citizens or lawful permanent residents ofcooperating country; and (B) managed by a governing body the majority ofwho are citizens or lawful permanent residents of the cooperating country.

However, L.2 of the RFP notes that "Eligible Offerors have to meet the criterion of inter alia "Valid organizational registration (for all consortium partners), as a legal entity in Kosovo, with the Department of Registration and Liaison of NGOs within the Kosovo Ministry of Public Administration".

Response: See section L.2 ofthe RFP and Section H.12 ofthe RFP added by this amendment.

Competition under this solicitation is limited to local entities, therefor they have to meet the criterion of valid organizational registration (for all consortium partners), as a legal entity in Kosovo. See details on Solicitation about Eligible Offerors and definition of the local entities..

Question 5: Please clarify ifprivate, for-profit organizations are eligible to apply in response to the above mentioned RFP.

Response: See question number one (1).

Question 6: We would like to request further clarification regarding to the two aspects below:

F4. Key personal and staffing: Should the technical offer include names and brief description of relevant expertise for other non-key personnel or only present staffing plan without specific names of experts?

Response See Section L.5 of the RFP. In addition to the Key Personnel position identified in Section F.5 of this solicitation offerors must clearly discuss the approach for staffing the contract and achieving results, as well as the composition and organizational structure of the field and office. No need for names for non-key personnel is needed.

Question 7: I am hoping to find out if there is an incumbent contractor currently performing ifoeseservices or if this is a new requirement. If there is an incumbent, could you please provide the contract number?

Response: This is new requirement.

Sincere

Carlton Bennett

Regional Contracting Officer USAID/Kosovo