2015-07-30-ESP_RFQ_Q A_Amendment_01.docx

ESP RFQ SOL-306-15-000076

Amendment 01

5. PROJECT NO.

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO.

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers X is extended

E. IMPORTANT:

(a) By completing Items 8 and 15, and returning _one (1)____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by 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 solicitation and this amendment, and is received prior to the opening hour and date specified.

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

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

STANDARD FORM 30

(Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required) (If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X) (X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) One (1)

N/A Office of Acquisition & Assistance USAID/Afghanistan American Embassy, Great Massoud Road Kabul, Afghanistan All Offerors

306-15-000076 06/30/2015

N/A

The purpose of this amendment is to:

a) Amend attachment 2, section 4(d) to incorporate a revised table for Content and Page Limitations;

b) Respond to questions received by the Office of Acquisition & Assistance by July 24, 2015, and

c) Extend the RFQ due date from August 7, 2015 to September 10, 2015, 16:00 hours Kabul Time.

N/A Gregory Wang Contracting Officer

ESP RFQ SOL-306-15-000076

Amendment 01

The specific changes to the RFQ are:

1. Page 16 of 23, Attachment 2, section 4(d), DELETE the table for Content and Page Limitation and REPLACE with the following:

SF 330 - PART I

b) Evidence of Responsibility (2-pages)

c) Past Performance Information Forms (1 page for each up to 5 pages maximum)

d) Performance Using Small Businesses (2 pages)

e) Quality Awards and Certifications – no page limitation

Note: Offerors must follow the order in accordance to the above table Below are responses to questions received directly by the Office of Acquisition & Assistance in Afghanistan (note that responses to questions received at the July 14, 2015 Pre-bid conference and list of attendees were posted on fbo.gov)

1. All questions related to SF 330, Supplemental Instructions and Page limitations in Attachment 2, section 4 (d) and (e).

USAID: USAID requires Offerors to provide all the information about their professional qualifications using the SF 330 and instructions therein. Some of these instructions are supplemented by USAID-specific instructions and page limitations as described Attachment 2, section 4(e). [see RFQ Amendment 01 above for revised table of Content and Page Limitation].

2. The one mile distance requirement from USAID for the IP office almost forces a location in WAK, which is more dangerous that other options than just a short distance further. Can the required distance be extended to 1.5M?

USAID: USAID recommends locating project offices within one-mile radius of the Mission Embassy compound reason being that USAID wants the contractor to be able to host meetings with USAID and other partners within the current security posture.

3. Can the Section H Past Performance section include projects other than the five projects used in the Section F Specialized Experience and Technical Competence section?

USAID: Per Attachment 2, section 4(e)(5), the projects provided on the Past Performance Forms should be the same as those identified in Section F.

4. Past Performance has a limit of five pages, with no page limit for the quality awards section. With regard to performance using small business concerns, please confirm that the requested information (page 18, items 5(c)3 a through c) is meant to appear in an Annex

USAID: Yes.

5. RFQ Attachment 2 Instructions to Offerors, Section 5 Past Performance Form, Page 16 of 23: The table indicates a “Past Performance Form” should be used, but did not see one included in the RFQ. Will a form be provided?

USAID: The form to use is attached to this modification 01. Quality awards and certifications should be included as annexes to Section H.

6. Can projects performed by subcontractors be used in Section F?

USAID: Yes. Relevant performance information of major subcontractors included in the team may be attributed to the Prime Offeror. Five (5) Past Performance Forms shall be completed for each of the firms included in the proposed Team.

7. The RFP states that Offerors must be eligible for Geographic Code 937 (the United States, the recipient country, and developing countries other than advanced developing countries, but excluding any country that is a prohibited source), and per USAID’s ADS Chapter 310, this applies:

a. For direct contracts the Agency enters into using program funds, to all contractors not otherwise restricted by statute, regulation, Agency policy or administrative determination (i.e., suspension and debarment) from receiving USAID funds, and subject to competition requirements;

b. Under all grants to partner country governments. See below for grants to countries included in Code 110 (New Independent States) and to those covered by the DFA;

c. Under Economic Support Fund loans;

d. By USAID missions using program funds;

e. By contractors under USAID direct contracts;

f. By recipients under grants and cooperative agreements to non-governmental organizations when the award budget contains more than $250,000 worth of goods and services to be procured by the recipient; and By subcontractors and sub-recipients of awards.

As the Prime Offeror, we are a US Company and hence comply with Code 937, however we will also be subcontracting the services of a Risk Management Company, as is the norm in Afghanistan, for security coordination and for managing APPF security. There are a very few US-based Risk Management Companies, as most are registered elsewhere. Does the 937 rule prohibit us from subcontracting our Risk Management requirements to a RMC home–based and registered in the U.K., or some other location like Cyprus? For engineering support subcontractors, would a Canadian company be eligible?

USAID: The above provisions are clear that only code 937 entities at all tiers (prime and subcontractors) are eligible.

8. The current RFQ states that it is seeking qualifications only "from professional Architect-Engineer (A&E) firms ...." and that the "Prime Offerors under this RFQ must be registered under the (NAICS) code 541330-Engineering Services." (RFQ at page 1 of 23). It also states that the Contract is governed and implemented under the Brooks Act as covered by FAR Subpart 36.6. We have the following questions and seek clarification:

(a) Under the terms of the RFQ, can only qualified A&E firms bid? Can construction (general contractors), construction service provides, and/or construction management firms bid or will their bids be deemed invalid or otherwise rejected?

USAID: Prime Offeror must be NAICS Code 541330 and only registered/licensed A&E firm will be eligible to receive an award as a prime Contractor. Unlicensed firms may be included as partners or subcontractors of the A&E Prime Offeror

(b) Assuming that only qualified A&E firms can bid and other firms are excluded, what is the basis, justification and rationale for this decision? We are aware that the current and prior incumbent contracts were not all awarded to and performed by A&E firms with a NAICS of 541330 but by other types of businesses which subcontracted the A/E-mandated portions of the work.

While the RFQ discuses some design work, albeit with no specificity, it appears to us that the vast majority of the work involves non-A&E exclusive work, such as and without limitation, "Tier 5 - Independent Monitoring Contactors"; construction supervision, logistical support, quality assurance, mentoring, capacity building and other services that, despite the RFQ's statement to the contrary, are not A&E services. (RFQ at page 5 of 23). In fact, the vast majority of the scope of work consists of support services, supervision and quality assurance. (RFQ at page 5 of 23, Section III). Section IV defines this contract as consisting of a "support activity" to both USAID and Afghanistan's GNU. This was also discussed in the pre-bid conference on July 14, 2015.

With this in mind, FAR 36.601-3(c) states that "when the contract statement of work included both architect-engineer services and other services, the contracting officer shall follow the procedures in this subpart if the statement of work, substantially or to a dominant extent, specifies performance or approval by a registered or licensed architect or engineer. If the statement of work does not specify such performance or approval, the contracting officer shall follow the procedures in parts 12, 14 or 15." Subsection (d) state that "other than incidental services as specified in the definition of architect-engineer services in Section 2.101 and in Section 36.601-4(a)(3), services that do not require performance by a registered or licensed architect or engineer, notwithstanding the fact that architect-engineers also may perform those services, should be acquired pursuant to parts 13, 14 or 15." Knowing that the incumbent contracts did not require an A&E limitation or firm to perform the services and that to the extent they did those services could be subcontracted out coupled with the fact that the vast majority of the present RFQ's scope of work is for non-A&E services, we believe that the mandate and limitation to A&E only firms should be removed and that this RFQ be expanded to non-A&E firms. As such, we ask that this restriction be removed. This will increase competition and not unduly restrict it. Should the restriction be removed, we request that the due date be extended by a minimum of three (3) weeks in order to allow for fair competition by formerly restricted firms.

If the aforementioned restriction is not removed, please provide the rationale and justification for that decision.

USAID: The ESP Solicitation sets forth USAID/Afghanistan’s needs over the next five years (not historical needs) including the nature of services that will be needed to fulfill these needs. Although the statement of work describes, in general terms, all technical areas of need, USAID determined that the predominant and critical work anticipated to be ordered under future job orders will require A/E services. The determination also took into account USAID/Afghanistan’s experience with EQUALS and AESP contracts.

9. (a) There was not a due date time specified in the RFP please confirm if the email deadline is 5:00pm EST? If not, please verify the time and time zone; and

(b) Please confirm that the time of submission is 11:59 pm EST on August 7, 2015 and not Afghanistan time.

USAID: See Amendment 01 extending the submission date. The time is 16:00 hours, Kabul Time.

10. Page 16 of the RFP indicates the Evidence of Responsibility section is limited to 2 pages but the instructions state that “prime Offerors must address each element of responsibility with supporting data. May offerors conclude that “supporting data” is excluded from the 2-page limit?

USAID: Offerors should submit a 2-page summary Evidence of Responsibility with the initial proposal. Upon specific request by the Contracting Officer, the Offeror will submit additional supporting data.

11. Can USAID confirm that Offerors only need to disclose those subcontractors it deems “major” (per the criteria specified in RFQ Attachment 2, section 4.(e).1. “Proposed Team”) when completing SF 330 Part I, Section C?

USAID: Yes

12. Solicitation indicates that Job Orders will be issued on a T&M basis or Firm-Fixed price basis. Will an overarching task be awarded to cover Key Personnel cost, base management and logistics/operations/security services? If so, can you elaborate on the scope of that Job Order?

USAID: Yes. The first job order (JO) is expected to be for general program management and administration as needed to manage work specific job orders and its duration will parallel that of the contract period. Management activities that are unique to a specific JO will be authorized and implemented under that JO.

13. RFQ Attachment 1, Section IV references handover of activities from an existing contractor. Since this project continues the support of AESP and EQUALS, will facilities and/or equipment from those contracts be made available and transferred to the ESP contractor?

USAID: The successful Contractor is expected to budget for all equipment and supplies needed for contract performance. Should there be need to transfer used Government Property (e.g., “hard cars”) to the Contractor, USAID and the contractor will negotiate a transfer.

14. Cover Letter – In the cover letter, there is an indication providing some definition about the anticipated contract terms, including sections of potential terms and conditions. For example, “The contract will be administered in accordance with applicable provisions and clauses from the FAR and AIDAR.” However, a full draft contract was not provided. Can this be made available for full review?

USAID: A copy of the initial draft contract resulting from this solicitation is attached. Note that this draft is still under development.

15. Page 10 of the RFP indicates that the contractor, in collaboration with the COR, will determine the specific requirements and qualifications of the specialists needed for specific Job Orders. The table that lists page limitations on Page 16 of the RFP includes no page allocation for letters of intent for technical specialists. Therefore, may we conclude that letters of intent are only required for key personnel?

USAID: Yes.

Past Performance Information (PPI) Form

(To be completed by the offeror)

1. Contract Number:

2. Contractor (Name and Address):

3. Type of Contract: Negotiated Sealed Bid Fixed Price Cost Reimbursement _____ Hybrid (explain) _______________________

4. Complexity of Work: Difficult Routine

5. Description, location, and relevancy of work:

6. Contract Dollar Value: Status: Active Completed

8. Type and Extent of Subcontracting:

9. Name, Address, Telephone Number, and E-mail Address of the Procuring Contracting Officer and/or the Contracting Officer’s Representative (and other references—e.g., Administrative Contracting Officer—if applicable):