SOL-168-17-000001_Questions_and_Answers.pdf

Questions and Answers - SOL-168-17-000001

Financial Reform Agenda Activity in Bosnia and Herzegovina (FINRA)

Q.1 Section F.2 indicates that the term of the contract will be a three-year base, plus two option years. However, Section B.5 notes that option periods will be for six additional one month periods. Can USAID please clarify how option periods will be exercised under the anticipated contract?

A.1 Please note that both FAR 52.217-8 and 52.217-9 are included in the RFP. The exercise of two-year option period (52.217-9 Option to Extend the Term of the Contract) is subject to availability of funds and ability of the project to meet the needs of USAID and the priorities in place for assistance. As noted in the SOW, prior to exercising the option, USAID/BiH will consult stakeholders, such as IMF and host country partners, and may conduct a performance evaluation.

As stipulated in FAR 37.111 Extension of Services and the applicable contract clause 52.217-8, the Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance thereunder shall not exceed 6 months. The option to extend services may be exercised at the end of the base period or at the end of the option period.

Q.2 Given that F.2 indicates that the total duration of the contract is five years (3 base plus 2 option), and Section B.5 indicates that options would be for six one-month periods, can USAID please clarify the maximum duration of contract?

A.2 The maximum duration of the contract is five years plus six months, as set forth in contract clause 52.217-9 Option to Extend the Term of the Contract. Section F.2 will be revised in Amendment 02 to read as follows:

“The period of performance for this contract is three year base period plus two option years plus six months from the effective date of the contracting officer’s signature on the cover page until [TBD]. The SOW will be implemented in the base and option period. The option will be exercised at the discretion of USAID and in accordance with FAR 52.217-8 Option to Extend Services and FAR 52.217-9, Option to Extend the Term of the Contract, provided that funding is available at the time the option is exercised.”

Q.3 Section H.5 cites AIDAR 752.225-70, noting “The authorized source for procurement is Geographic Code 937.” However, Section H.6 Authorized geographic code states “as stipulated above in Section H.5 AIDAR 752.225.70 paragraph (a), the authorized source for procurement of goods and services under this award is Geographic Code 935.” Please confirm that the authorized Geographic Code for this activity is 935.

A.3 Please note that the entire sentence under AIDAR 752.225.70 paragraph (a) reads: “The authorized source for procurement is Geographic Code 937 unless otherwise specified in the schedule of this contract.” The authorized Geographic Code is specified under H.6 and it is 935.

Q.4 We respectfully request that USAID remove H.24.12, as interests, fees, and program income generated by the grantee are governed by the applicable standard provisions for non-U.S.

organizations. Can USAID further confirm that the contractor shall abide by the standard provisions regarding interests, fees, and program income?

A.4 H.24.12 is modified in Amendment 02 to read as follows:

“Interests, fees, and program income generated by the grantee are governed by the applicable standard provisions for non-U.S. organizations. The contractor shall abide by the standard provisions regarding interests, fees, and program income.”

Q.5 We respectfully request that USAID remove the following sentence from Section H.24.14, “Copies of all reports received from grantees will promptly be forwarded to the COR.” There is no requirement for the COR to receive grantee reports in the GUC-authorizing-language for ADS 302, nor in ADS 303.

A.5 The sentence “Copies of all reports received from grantees will promptly be forwarded to the COR.” will be removed in Amendment 02. Section H.24, paragraph 14. will be revised to read as follows:

“The Contractor will act as custodian for USAID of all records relating to grants under the Contract. The Contractor will preserve all records with respect to its grant-making (including with respect to the deliberations of all Review Panels) and grant administration hereunder.

USAID and the Comptroller General must have full access to all documents, papers and others records of the Contractor with respect to its duties hereunder.”

Q.6 We respectfully request that USAID remove the last sentence of Section H.24.14, specifically the following, “At the conclusion of the contract, the Contractor must consult with the Contracting Officer for direction as to which records must be transferred to USAID.” While

USAID retains the rights to visitation and inspection for three years after the grant completion date, all records under this contract are considered property of the contractor and must be retained in accordance with the contractors’ records retention policies that originate from audit requirements.

A.6 The sentence “At the conclusion of the contract, the Contractor must consult with the Contracting Officer for direction as to which records must be transferred to USAID.” will be removed in Amendment 02. Section H.24, paragraph 14. is being revised to read as follows:

“The Contractor will act as custodian for USAID of all records relating to grants under the Contract. The Contractor will preserve all records with respect to its grant-making (including with respect to the deliberations of all Review Panels) and grant administration hereunder.

USAID and the Comptroller General must have full access to all documents, papers and others records of the Contractor with respect to its duties hereunder.”

Q.7 As USAID intends for the contractor to issue grants other than in-kind grants to partner government entities, can USAID provide the contractor a list detailing with which partner government entities it has conducted either a Project Appraisal Document (APD) and/or determinations and findings (D&F) as per the GUC-authorizing-language of ADS 302.3.4.13?

A.7 Please note that as set forth in ADS302.3.4.13b, additional requirements for GUCs providing funds to partner government entities “do not apply to GUCs that are solely in-kind grants, technical assistance, or the activities by the recipient to or for the benefit of the partner government entity.”

At this point, USAID/BiH anticipates that all grants under FINRA contract would be either in kind or if not in kind, that the grants would be solely for activities by the recipient to or for the benefit of the partner government entity.

Thus for the time being, additional requirements for GUCs from ADS302.3.4.13 have not been explicitly considered by USAID/BiH.

Should the potential applications/needs for grants to partner government entities change to require that additional requirements per ADS302.3.4.13 need to be met, USAID will consider the host country partner needs and ADS requirements and reach a decision on future course of action.

Q.8 Section K.1 incorporates FAR 52.237-8, Restriction on Severance Payments to Foreign Nationals. To comply with local labor law regarding severance payments, we respectfully request that USAID include FAR 52.237-9, Waiver of Limitation on Severance Payments to Foreign Nationals.

A.8. Section I will be revised in Amendment 02 to include by reference contract clause FAR 52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (MAY 2014).

Q.9 In Section L.8.A General Instructions, the proposal due date is listed as May 9, 2017. The cover page of the proposal lists the due date as May 10, 2017. Could USAID please confirm that the correct proposal due date is May 10, 2017?

A.9 The correct proposal due date is May 10, 2017. Section L.8.A (5) is revised in Amendment 02 to read:

“Please submit your proposals to the e-mail address below by 9:00 a.m. Sarajevo Bosnia time on May 9, 2017. You will receive a confirmation from us via e-mail. Note that electronic signatures are acceptable by USAID.”

Q.10 In Section L.6, the instructions for submission of past performance information require offerors to “provide a list of the recent 3 contracts for which you submitted subcontract reports to eSRS (FAR 52.219- 9(d)(10) and a copy of any similarly recent subcontracting reports if they were not submitted to eSRS.” Our hard-copy subcontracting reports (SF-294s) for the past three years total more than 800 pages and comprise more than 40 MB. In addition to the hard-copy SF-294s for projects not registered in the eSRS, we have submitted individual subcontracting reports through the eSRS for registered projects. Instead of submitting the electronic files totaling 40 megabytes with 800 pages of SF-294s and eSRS, may we submit a list of 10 relevant eSRS reports and copies of 10 SF-294 forms that are not duplicated on the eSRS?

A.10 Since Section L.6(d)(3)(B) does not prescribe that recent reports must include the past three years, it is left at bidders’ discretion to submit a relevant list of reports submitted to eSRS and a relevant sample of subcontracting reports not submitted to eSRS.

Q.11 May bidders submit an organizational chart in an annex that does not count against the technical proposal page limit?

A.11 Yes, bidders may submit an organizational chart in an annex that does not count against the technical proposal page limit. Section L.8.B.a.ii is revised in Amendment 02 to include at the end the following sentence:

“Offerors may submit an organizational chart in an annex that does not count against the technical proposal page limit.”

Q.12 On page 16 of the solicitation, it is noted that “up to US$ 2 million (with the floor being US$

1.5 million)…will be set aside for in kind assistance and/or grants to host country government partners to advance FINRA objectives.”

a. What does USAID mean by “in kind assistance”?

b. Can donated services by volunteer experts who deliver trainings, consultations and/or workshops to build the capacity of host country government partners in various topics be considered “in kind assistance”?

A.12 a. Illustrative examples of in-kind assistance include equipment, IT systems, software, data bases, system solutions and upgrades, other. These are only illustrative examples and in-kind assistance must be tailored to address specific host country partner needs and priorities directly in support of the FINRA objectives and results.

b. No, volunteer expert TA cannot be considered as "in kind assistance".