Justice Sector RFP QA post conf bepk2.pdf

USAID/SRI LANKA

INCREASED RESPONSIVENESS IN THE LEGAL SYSTEM (IRLS)

RFP No. SOL-383-12-000001

Questions Received at Pre-Solicitation Conference October 24, 2011 and USAID Responses

Question 5: Can visits to the Ministries be made prior to the release of the RFP?

USAID Response: As clearly indicated in the September 27, 2011 Presolicitation Notice for this RFP, “In the interest of fairness to all potential offerors and at the request of the Government of Sri Lanka, we request that interested parties do not contact Government of Sri Lanka officials and members of the Sri Lanka Judiciary at this time. The same applies to initiating contact with USAID/Sri Lanka senior management and technical personnel to discuss this pending procurement action.”

Following the release of the RFP, Offerors are required to comply with the instructions contained therein for initiating contact with the judiciary, the Ministry of Justice, the Judicial Services Commission and the Judges Training Institute. A list of points of contact for each institution and their contact information is provided in Section C of the RFP. Offerors must ensure that home office, field staff and local consultants understand and abide by these directions. USAID, the United States Embassy and our counterparts in the Sri Lanka judiciary and the GSL will view any failure to abide by this requirement as a negative factor in determining the quality of the relevant Offeror’s responsiveness to the RFP requirements.

Question 2: Can you give us a projected “start date”?

USAID Response: Yes, we anticipate award and starting by late spring/early summer 2012 but that will depend on a variety of programmatic and acquisition process factors.

Question 3: Are there “other” donors operating in the Sri Lanka space on this topic?

USAID Response: The UNDP has focused on access to justice for returnees, and has provided small contributions such as office furniture and equipment to the GSL Judges Training Institute as well as funding ad-hoc training activities. The World Bank also has plans to support the justice sector.

Question 4: Page 11 of the RFP says there is going to be office space is to be provided by the MOJ.

What types of monthly office cost are covered by the MOU. Can the MOU be made public? Will staff be included?

USAID Response: It covers office space and utilities (see RFP Section C.6 page 11).

Question 5: Why did we propose training in stenography instead of going digital?

USAID Response: This is based on the existing justice sector needs in Sri Lanka. The GSL will need to make its own budgetary programming decisions for any desired technical capability enhancements such as the shift to digital systems in the judicial sector.

Question 6: Is the PMP included as part of the page limit?

USAID Response: The draft PMP is a key section in an Offeror’s technical proposal and is included as part of the page limit.

Question 7: Why was this set-aside for Small Business?

USAID Response: A requirement can be set-aside for small business concerns if there are two or more small businesses capable of performing the required service and Mission consultation with OSDBU indicated that there are several small businesses currently working with USAID in the judicial sector. One of the major objectives of USAID’s Implementation and Procurement Reform (IPR) initiative is to increase the number and diversity of our partner base. Using US small businesses allows USAID to work with diverse partners, bringing new and creative approaches to meeting our programming needs and also serves to meet a major IPR objective. In addition, USAID has established a small business goal of 11 percent of the total dollar value of all prime contract awards for each USAID fiscal year.

Question 8: Is there going to be a limit on large business subcontracting involvement?

USAID Response: Under a total small business set-aside and per the corresponding FAR clause at 52.219-4 – Limitations on Subcontracting (Dec 1996), 1. Services – “at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.”

Project implementation employee personnel costs budgeted in this regards must exceed this 50% threshold, which is taken to include any ST TA consultants provided directly by the prime small business concern.

Question 9: Do you plan on having any restrictions on subcontracting? What about with local organizations?

USAID Response: We encourage offerors to seek local subcontractors as implementing partners.

Question 10: Advanced ceiling on Indirect Cost Rates. Seems restrictive for a Small Business set-aside, any relief?

USAID Response: Per FAR 42.707(b) it is prudent practice for USAID to include a final indirect cost rate ceilings and an equitable ceiling covering the final indirect cost rates may be negotiated and specified in the contract. Small business concerns that have a sufficient financial management capability and the desired experience base of existing or past funded projects should also have the capacity to forecast and propose reasonable ceiling limits on their indirect cost rates which shall be evaluated as part of an Offeror’s demonstration of cost control and savings initiatives.

Question 11: Will you allow for technical review before final submission?

USAID Response: See RFP Sections L and M: The Government reserves the right to award on initial submissions of proposals, therefore the best proposal should be submitted up front.

Question 12: Is including technology solutions in the proposal weighted in the evaluation?

USAID Response: There are no specific evaluation criteria for incorporating technology in the proposal but to the extent it is included and seen as valuable it will impact the score.

Question 13: What weight will be put on Cost?

USAID Response: See RFP Section L.

Question 14: Does USAID have a preferred allocation of costs?

USAID Response: Aside from the subgrant plug figure under Component 4, there are no other component percentage allocation restrictions in this solicitation.

Question 15: Mid-term evaluation, should contractors budget for this cost?

USAID Response: No.