Amendment_1_-_SOL-169-16-000006.pdf

USAID

FROM THE AMERICAN PEOPLE

Request for Proposals (RFP) No.: SOL-169-16-000006

Amendment Issue Date: October 6, 2016

Questions Due date: October 13, 2016 at noon, Serbia time Closing Date: October 28, 2016 at noon, Serbia time

SUBJECT: Request for Proposal (RFP) #SOL-169-16-000006. Amendment #01

Dear Prospective Offeror:

The purpose of this amendment is to:

• Extend due date for proposal submission to October 28, 2016 at noon, Serbia time,

• Extend due date for receipt of question to October 13, 2016,

• In Section M, M.2 Evaluation Factors - Delete sentence "Technical evaluation factor are listed in descending order of importance" in its entirety and insert following sentence "Technical evaluation factors are equal in weight".

• Delete reference of FAR 15 in the RFP whenever appears in its entirety,

• Add clause ADS 302.3.15 "Limitation on Subcontracting to non-local entities" (July 2014) to

Section H.7 of the Solicitation SOL-169-16-16-000006 and

• Respond to questions received, Q&A attached.

USAID sincerely appreciates the time and effort it takes for local organizations to put together proposals in response to solicitations.

Sincerely, Michael Capobianco Regional Contracting Officer USAID/Kosovo

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

2 AMENDMENT/MODIFICATION NO

6 ISSUED BY

USAID/Kosovo - RCO

Ismail Qemali (Arberiai

Pristina, Kosovo 10000

3 EFFECTIVE DATE

10/6/2016

C0DE USAID/KOSOVO

House no.1

8 NAME AND ADDRESS OF CONTRACTOR (No . street, county. State and ZIPCodo)

CODE FACILITY CODE

1 CONTRACT ID CODE

4 REQUISITION/PURCHASE REQ NO

7 ADMINISTERED BY (Ifother than Item 6)

Not Applicable

(X)

9A AMENDMENT OF SOLICITATION NO

SOL-169-16-000006

9B DATED (SEE ITEM 11)

09/19/2016

PAGE OF PAGES

5 PROJECT NO (If applicable)

CODE N/A

10A MODIFICATION OF CONTRACT/ORDER NO

10B DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

]The above numbered solicitation isamended as setforth in Item 14 The hour and date specified for receipt of Offers |X] ,sextended, Iis not extended Offers must acknowledge receipt of this amendment pnor to Ihe hour and dato specified in the solicitation or as amended , by one of the following methods (a) By completing

Items8 and 15. and returning copies of the amendment, (b) Byacknowledging receiptof this amendmenton each copyof the offersubmitted, or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATESPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER Ifby virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitationand this amendment and is received prior to the opening hour and date specified ^_^ 12 ACCOUNTING AND APPROPRIATION DATA(If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authonty) THE CHANGES SET FORTH IN ITEM14 ARE MADEINTHE CONTRACT

ORDER NO IN ITEM 10A

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIEDTO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43 103(b)

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor D is not D is required to sign this documentand return copies to the issuing office

14 DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, includingsolicitation/contractsubject matter where feasible )

The purpose of this amendment is to:

1. Extend due dale for proposal submission to October 28, 2016 at noon, Serbia lime,

2. Extend due date for receipt of question to October 13, 2016,

3. In Section M, M.2 Evaluation Factors - Delete sentence "Technical evaluation factor arc listed in descending order of importance" in its entirety and insert following sentence "Technical evaluation factors arc equal in weight".

4. Delete referenceof FAR 15 in the RFPwhenever appears in its entirety, 5.Add clauseADS 302.3.15 "Limitation on Subcontracting to non-localentities" (July2014) to Section H.7 of the Solicitation SOL-169-16-16-000006 and

6. Respond to questions received, Q&A attached.

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect

15A NAME AND TITLE OF SIGNER (Type or pnnt)

15B. CONTRACTOR/OFFEROR

(Signature ol person authorized to sign)

NSN 7540-01-152-8070

Previous edition unusable

15C DATE SIGNED

16A NAME AND TITLE OF CONTRACTING OFFICER (Type or pnnt)

Michael Capobianco fca£*=£_ (Sitfiwtwc ol Contracting Officer)

16C. DAJE SIGNED

Or Ufa

STANDARD FORM 30 (REV 10-83)

Prescnbed by GSA

FAR (48 CFR) 53 243

I. Add following clause to Section H.7 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 AIDAR 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:

1. Can we submit proposal as consortium?

RESPONSE: Consortium's can submit proposal as longas the consortium is an entity that is legally registered and meets the definition ofa "local organization".

2. Can we subcontract with foreign organization?

RESPONSE: Please, refer to clause "302.3.5.17 Limitation on Subcontracting to Non-Local Entities"

3. What to include in price proposal?

RESPONSE: Please, refer to section L.6 of the RFPon what should be included in price proposals. All listed documents in the Section L.6 - PRICE PROPOSAL must be submitted as part of the Price proposal.

4. Is it mandatory for key personnel to be full time employee of the offeror?

RESPONSE: No, it is not mandatory that key personnel are full time employee of the Offeror.

5. Can we outsource key personnel/subcontracts?

RESPONSE: Yes, Key personnel and subcontracts can be outsourced. See response no.2.

6. Do we need to list subcontractors in proposal?

RESPONSE: Subcontractor may be listed as partof the proposal.

7. Is it exclusivity of the proposed key personnel mandatory

RESPONSE: Exclusivity of key personnel is not required. Exclusivity of key personnel is discouraged by USAID.

8. Can USAID please confirm whether the eventual IDIQ holders for this program will in any way be precluded from competitively bidding on future USAID programs in Serbia?

RESPONSE: This will be handled on a case by case basis. If it becomes an ongoing issue, a mitigation plan may be required.

9. Do we need to provide proposal for both TO?

RESPONSE: Yes, proposal must be submitted for bothTask Orders (TO).

10. Can we subcontract orteam up with USA based SME's to assist us cover all required expertise for the solicitation and in case of selection jointly bid for tasks and executeany won task orders?

RESPONSE: Yes, you can. Clause "302.3.5.17 Limitation on Subcontracting to Non-Local Entities (July 2014)" is applicable. See question number2.

11. Conditions for eligibility of sub-contractors for individual Task Orders - what are the limitations, if any, ofengagement of sub-contractors which are not registered in Serbia, i.e.

would not meet the eligibility criteria as indicated in the RFP?

RESPONSE: Eligibility requirement (i.e registration in Serbia) does not apply for sub contractors. Please, see Clause 302.3.5.17 Limitation on Subcontracting to Non-Local Entities (July 2014)".

12. We want to know if ourcompany is eligible for this project. Our place of business is Serbia and wider Balkan region and our legal seat is in Belgrade. We are organized and registered according to the Serbian laws. Our entire management consists out of Serbian residents.

Bearing in mind that we fulfil all this mentioned criteria, our question is whether we are eligible for this project if we are not majority owned by Serbian residents

RESPONSE: Given the informationabove your organization is not eligible to apply.

13. In the case that the Offeror receives a contract, can the Contractor then sub-contract for certain services with a company which is not legally based in Serbia? The eligibility requirements for the main Offeror are very clear; however I cannot find anything about geographic limitations for sub-contracted parties. I am referring specifically to legally registered entities and not just experts.

RESPONSE: See response to Question number 2 and 10.

14. Regarding the requested references to be submitted via Attachment 2, do these need to be those showing previous cooperation specifically with the US government or should these references include all previous cooperation?

RESPONSE: References should include all previous cooperation (US on non US), specifically information on all contracts between $100,000 and $200,000 with a period of performance falling within the last three years which involve evaluation and assessment performance.

15. In section L2 titled "Eligible Offerors" there is a list of 3 eligibility criteria that must be met by the Offeror - should legal documents be provided to provide proof that the Offeror meets this criteria or is there a preferred format?

RESPONSE: Please, see L.6 of the solicitation. No preferred format for the legal documents is required.

16. Do we need to be registered in SAM in order to submit proposal?

RESPONSE: No, you don't. Proposal can be submitted by organizations that are not registered in SAM, however, no award will be made to organizations that are not registered in SAM. USAID encourages starting process of registering in SAM.