QA final 012612 pkmsbe.pdf

Tech Proposal Q 1 The RFP states (Section C.2, p. 9) that the Legal Commission (LAC) operates from offices in 47 town centers with 72 full time salaried staff attorneys. In proposal research interviews the LAC represented that they operate 62 offices with 110 full time lawyers. Could USAID verify this information?

Response: The research is the responsibility of the Offeror.

Q 2 On pg. 10 of the RFP, it states that the consultative process and relationships developed will enable USAID Sri Lanka and the implementer/contractor to assist the Government of Sri Lanka develop and implement an adequately resourced long-term strategic plan to strengthen the justice sector in Sri Lanka. However, the RFP has deleted the previous Component 3 of the pre-sol which was specifically devoted to assisting key stakeholders with the development of strategic plans. Should project proposals include strategic planning activities for GSL institutions towards meeting this anticipated goal of the project? At present, the only strategic planning envisioned is for the Judicial Training Institute.

Response: Yes, project proposals should include strategic planning activities for GSL institutions towards meeting this anticipated goal of the project.

Q 3 Project activity management, (Section C.6, p. 11). USAID has a commitment from the MOJ to provide office space for the IRLS

Contractor in the MOJ. Is this office intended to be in addition to the in-country main office or will the entire project be housed at the MOJ premises? If the entire project will be housed at the MOJ premises, would USAID please provide a cost estimate for long-term office costs if any.

Response: The Ministry of Justice will provide the IRLSP contractor with office space in the New Ministry of Justice Building. It is the

Offeror’s responsibility to estimate long term office administration costs.

Q 4 Page 11 of the RFP states that office space will be provided in the MOJ. In addition, the Q&A from the Pre-Solicitation Conference on October 24th states that office space and utilities will be included. Can the Mission please confirm that all other expenses will need to be budgeted for (e.g. furniture, phones, computers, transportation)?

Response: The MOJ will provide offce space but all other costs will have to be budgeted for.

Q 5 Please clarify whether the utilities to be covered by the MOJ for the IRLS Office, will include telephone costs, and whether office space will also include the provision of any furniture or office supplies for the staff.

Response: Telephone installation and phone bill costs, furniture and office supplies will not be covered.

Q 6 Will the IRLS office space being provided by the MOJ have provision for a secure computer network, dedicated to the IRLS staff, or should there be a plan to install such a network? Will the MOJ grant the IRLS team permission to install such a dedicated network on its premises?

Response: The Secretary, MOJ confirmed that the ministry will permit the contractor to install a dedicated secure computer network in the building.

Q 7 Will the MOJ office space have physical security, appropriate for USAID contractor installations?

Response: Yes. The GSL provides security for the building and the IRLSP office in the New Ministry of Justice Building (NMJB) will share the 5th Floor, NMJB with the Judges Training Institute.

Q 8

Will there be any requirement for the IRLS contractor to establish its own dedicated office, apart from the MOJ provided space?

Response: No.

Q 9 Will the MOJ space also include parking area for IRLS vehicle(s)?

Response: Three parking spaces will be available in the MOJ compound or the NMJB garage for official IRLSP vehicles.

Q 10 At the recent Bidder’s Conference, USAID indicated that it would be providing additional information on the office arrangement and cost-share agreement that would be provided under the MOU with the Ministry of Justice for the project, including anticipated costs for rent/utilities/services; provision of any equipment or furniture; configuration for internet and phone services; additional costs for anticipated renovation of the premises; secundment of MOJ staff to project; local taxes, etc. Is there any further clarification of what will be provided by the MOJ under this MOU for the project office?

Response: The MOJ will provide office space but all other costs including utilities, cleaning costs, internet charges, furniture, and supplies will be paid for with IRLSP funds.

USAID/SRI LANKA

INCREASED RESPONSIVENESS IN THE LEGAL SYSTEM (IRLS)

RFP No. SOL-383-12-000001

Questions and Answers

Q 11 Under Component 1, on page 12, the RFP states: “This kind of commitment will entail underwriting the development of skills within the project’s GSL partner institutions for the production of original information about agency management successes and challenges that may be incorporated into a website, along with support for the printing of a selection of publications, as identified by the MOJ and JSC.”

- Is it anticipated that IRLS will finance the printing of publications as selected by MOJ & JSC.

Response: A limited number of hard copies will be printed to provide information to a limited number of officials and stakeholders.

To control costs, the publications should be available on the MOJ website and / or on CDs.

- If so, what is the ceiling cost of printing publications, including annual reports?

Response: No ceiling has been established.

- Are MOJ and JSC expected to contribute to the cost of printing publications and upkeep of LawNet?

Response: The MOJ is expected to contribute towards the printing of publications and the upkeep of Law Net.

- How often is it anticipated that IRLS will support printing of publications – i.e. duration of program.

Response: At a minimum annually.

Q 12 Sub-deliverable 1.1 (b) {Section C.7, p.13}. Subsection (i) proposes development of a curriculum to train the judiciary and court administrators in the principles of modern management. Subsection (ii) is to complete a training in modern management for 192

District Court Judges and magistrates. Is it anticipated that the curriculum developed for the judiciary and court administrators in

(i) will serve as the basis for the training for District Court Judges and magistrates as required in (ii)?

Response: Yes. However, Offerors may propose preliminary training for Magistrates and District Court Judges prior to the development of the curriculum.

Q 13

C.7 PROJECT ACTIVITY COMPONENTS, Component 2: Strengthen the Technical Knowledge of Judges and Non-Judicial Officers:

- Third paragraph on page 14 provides in part, “…training programs offered to government officers may be augmented by the simultaneous procurement of tools of trade in government, such as information technology equipment, printers, and access to the

Internet.” Will USAID provide a plug figure for offerors to use for this procurement?

- Page 15 last paragraph, Deliverable Number 2.3, Sub-deliverable 2.3(b)(v) provides, “Ensure that Court stenographers in the

Supreme Court, Court of Appeal and the Commercial High Court have use of desktop computers and the technical skills / software to produce court orders and transcripts of proceedings.” Is the contractor responsible for procuring desktop computers and software for this purpose? If so, will USAID provide a plug figure for offerors to use for this procurement? If the contractor is not responsible for this procurement, are the computers and software already in place or must they be procured by another entity? If by another entity, please identify the entity.

Q 14 Component two, (Section C.7, p. 14), states that training program may be augmented by simultaneous procurement of “tools of trade in government” such as IT equipment, printers, and internet access. Is it anticipated that the IRLS project will fund this procurement or that the GSL will be responsible for the purchase of those commodities? If it is expected that the IRLS project will fund this procurement, will USAID please provide a plug figure estimate for this procurement.

Response to Qs 13 - 14: Yes, the contractor will be responsible for procuring equipment needs that shall be identified and finalized during project implementation. At this time all Offerors are instructed to use a plug figure of $60,000 to estimate this cost element under Component 2.

Q 15 Sub-Deliverable 1.1 (c) – Annual reports are produced (p. 13). In the draft RFP this deliverable also included the development of case digests, which is now removed from Section C; however, this deliverable remains listed in the PMP (p. 106) which provides the indicator -- Annual reports and a case digests produced. Can USAID please clarify whether the contractor will be expected to provide assistance in the development of case digests or only the annual reports?

Response: Only the annual reports. The PMP draft chart should be corrected by Offerors in their proposals.

Q 16 Under Component 2, Deliverable 2.1 (p. 14), are study tours limited to regional countries, such as Singapore, India or Malaysia?

Response: No.

Q 17 Under Component 2 (p. 14), the RFP states: “The Contractor will utilize the resources of the University of Colombo, the Sri Lanka

Law College, the Sri Lanka Institute for Development Administration and other appropriate institutions to offer funded training opportunities to non-judicial officers that focus on strengthening their skills in management and administration, and the development of public policies on improved service provision in the legal system.”

- Is it anticipated that the IRLS project will fund tuition for the development of management and administration skills for non-judicial officers?

Response: This is one option available to Offerors.

- If so, are there a set number of individuals to be trained?

Response: There is no set number of individuals to be trained.

Q 18 Also under Component 2, Sub-Deliverable 2.3 b, item (v) states “Ensure that court stenographers in the Supreme Court, Court of

Appeal and the Commercial High Court have use of desktop computers”. Does the Mission intend that IRLS purchase and make available desktop computers in order to accomplish this?

Response: Yes.

Q 19 Under Component 2, Sub-Deliverable 2.2 d (p. 15), the RFP states that “the Contractor will provide ten scholarships per year”. Can the Mission please confirm that under a 30-month contract, this will be equivalent to 30 scholarships?

Response: Upper limit of 20 scholarships.

Q 20 Under Component 2, Sub-Deliverable 2.3 b training of court stenographers (p. 15), items (i) through (v) in the RFP use the language

“ensure” that a number of court stenographers receive trainings. Can the Mission please clarify what is meant by “ensure”? Should

IRLS (a) fund the attendance of such trainings at a local training institution; (b) develop and deliver the trainings; or (c) without providing funding, identify training institutions and ensure that stenographers enroll and attend such trainings?

Response: The Offeror is expected to respond to this in the technical proposal.

Q 21 Given that all project activities under Component 3 of the previous pre-sol have been deleted from the final RFP, is it possible to combine or consolidate job responsibilities of the 3 Senior Program Managers and 3 Program Managers to reduce the number of non-key positions in our staffing plan to allow for greater flexibility with the budget?

Response: Yes.

Q 22 Section L. (p. 73) the RFP states that contractors should establish a credible technical approach that creates linkage between the

Mission’s D&G, EG, and Transition Initiatives programs. Language in a prior draft RFP (now removed) specifically mentioned other projects including SuRG, LAPP, CORE and RISEN. Could USAID verify whether it expects the IRLS to link activities to current USAID projects?

Response: Yes, the Mission encourages all its implementing partners to search for synergies and links between programs and project activities and the current Mission portfolio is listed in Attachment 8.

Q 23 Can not-for-profit firm can be prime contractor?

Response: This RFP is restricted to small business concerns as defined at FAR 19.001.

Q 24 Can not-for profit or university or local law firm can be employed as subcontractors?

Q 25 Can not-for profit firm can be subcontractor of small business concern?

Response to Qs 24 - 25: Yes.

Q 26 Can small business concern partner with big business and employ them as subcontractor?

Response: Yes, provided the small business concern follows the subcontracting limitations contained in FAR 52.219-14 Limitations on Subcontracting, i.e., that at least 50 percent of the cost of contract performance incurred for personnel shall be expended for direct employees of the small business concern.

Q 27 The RFP has two different definitions of “major subcontractor”. On page 78 in paragraph 4.a., a major subcontractor is defined as

“…one whose proposed costs exceeds 20% of the Offeror’s total proposed cost….” On page 83 in the next-to-last paragraph, a major subcontractor is defined as “> $150,000”. On page 84 under Information Concerning Work-Day, Work-Week, and Paid

Absences, the text refers to “major non-small business US subcontractor” but does not define “major”. On page 85, the

Subcontractor Information discussion near the bottom of the page refers to “major non-small business US subcontractor” but does not define “major”. Please clarify.

Response: These 'definitions' in the RFP refer to different requirements. Proposed subcontractors whose cost exceeds 20% of the total contract budget shall submit past performance information. Proposed subcontractors whose costs would exceed $150K need to submit the complete set of Section K certifications.

Q 28 Clause H.13 Subcontracting Plan. Since this procurement is a total small business set-aside, was this clause included in error?

Response: The clause is standard for an RFP and clearly indicates that small business concerns are not required to submit small subcontracting plans.

Q 29 Is a small business subcontracting plan from any major non-small business subcontractor required to be submitted with the proposal or will it be required only prior to contract award?

Response: With the proposal, and as indicated on page 85 of the RFP, this would only be required for major non-small business subcontractors whose subcontract would exceed $550,000.

Q 30 What are the page limitations for Technical as well as financial proposal and both?

Response: The main content of the technical proposal is limited to 30 pages total, with the exclusions to that page count that are listed on page 73 of the RFP.

Q 31 Can the Mission please confirm that the Performance Management Plan should be included as part of the Technical Proposal, and not as an Annex?

Response: The draft PMP (maximum 10 pages) is considered to be a separate annex and not specifically part of the technical proposal.

Q 32 Page 73 of the RFP states “Any page in the technical proposal that contains a table, chart, graph, etc., not otherwise specifically excluded below, is excluded *sic+ from the above page limitation for the technical proposal.” Can the Mission please confirm that no charts, graphs, tables, etc. will be counted against the page limit?

Response: That is correct.

Q 33 Page 75 of the RFP states “The Offeror must supply a resume/CV, not to exceed three pages for key personnel only and a 1 page summary for non-key personnel, for each proposed candidate for key and non-key positions.” On page 76, the RFP states “Non-key personnel resumes/CVs are limited to two pages in length and shall be included as an annex.” Can the Mission please confirm that offerors should provide 3-page CVs for key personnel (COP and DCOP), and clarify whether offerors should submit 1-page summaries or 2-page CVs for non-key personnel?

Q 34 Section L.8, #2, p. 75 states that Offeror must supply a resume/CV, not to exceed three pages for key personnel only and a 1 page summary for non-key personnel, for each proposed candidate for key and non-key position. On p. 76 the RFP states that Non-key personnel resumes/CVs are limited to two pages in length. Can USAID confirm that both a resume/CV (maximum 3 pages for key, 2 pages for non-key) AND a one page summary are required for BOTH key and non-key positions?

Q 35 There are two conflicting requirements for the length of CVs to be included for non-key personnel: on page 75, the RFP indicates that they should be no longer than one page; on page 76, the RFP indicates they should be no longer than two pages. Please clarify the length of non-key personnel CVs.

Response to Qs 33-35: Please follow these limitations: Maximum 3 page CV for key personnel and 2 pages for non-key personnel -with no additional 1 page summaries required.

Q 36 Page 75 of the RFP states “Key personnel should have extensive professional work experience in the implementation of justice sector and judicial training programs in the Asia region.” Then, further down on page 75, under the COP requirements, it states

“Knowledge of programming in post-conflict affected countries, and experience in Asia is advantageous.” Can the Mission please clarify whether experience in Asia is required or merely advantageous?

Response: Although not required, it is considered important per the stated evaluation criteria.

Q 37 On pg. 76 of the RFP, the qualifications for the position of Program Manager (Judicial Training) include a requirement for “(a) minimum of three to five years’ work experience in journalism and media programming. The proposed candidate must have the ability to multi-task and be responsible for media related activities and program related outreach products. Examples include:

establish and maintain a project website; produce publicity materials, and manage media events.” These appear to be qualifications for an Outreach/Communications Manager instead of a Program Manager (Judicial Training)? Do you want an

Outreach/Communications Manager instead of or in addition to a Program Manager (Judicial Training)? Please clarify.

Response: The Mission only requires a Program Manager (Judicial Training).

Q 38 Section L.8. #2, p. 76. The non-key position of Finance and Grant manager requires either an undergraduate degree in management or a related field or a professional qualification in accountancy. Can USAID please verify what is considered a

“professional qualification in accountancy?”

Response: CPA or equivalent.

Q 39 The RFP states that the DCOP must have 7 years of experience as a DCOP managing ROL projects and that the DCOP can be a Sri

Lankan national. Since there have been no ROL in Sri Lanka prior to this date, there is a lack of Sri Lankan nationals who have prior

DCOP experience on ROL projects Was it the missions intent to disqualify Sri Lankan candidates based on their lack of prior experience as DCOP’s? Would the Mission entertain relaxing the DCOP requirements?

Response: The World Bank’s Legal and Judicial Reform Project and the UNDP's Access to Justice Project I and II are examples of ROL projects. The Mission will not consider relaxing this requirement.

Q 40 Page 78 of the RFP states that proposals should include up to 5 of the most recent and relevant contracts. To clarify, should proposals include 5 PPRs total, or 5 PPRs for each contractor and subcontractor?

Response: Five PPRs for each contractor and each sub-contractor whose cost proposal exceeds 20% of the total contract cost.

Q 41 Can the Mission please confirm that we have understood the Institutional Capacity and Past Performance section requirements?

Per our reading, offerors should submit:

- In an Annex, a list of up to 5 of the most recent and relevant contracts

- In an Annex, Past Performance References (Attachment 6) for the above 5 contracts

- In an Annex, a list of all names of relevant justice sector programs implemented in the past 10 years, including:

i. The number of such programs implemented

ii. The total funding received by each donor for relevant programs

iii. The percentage of total funds received over the past 10 years for DG-related programs

Response: As indicated on page 78 of the RFP, only relevant previous contracts should be listed. "Relevant justice sector work is defined as judicial training, administration of the legal system, case management and assisting host country governments with policy, legal and procedural reform and institutional capacity building linked to the other sub-sectors."

Q 42 Given the collaborative nature of this project with the government of Sri Lanka, should contractors assume that government entities will be involved in vetting the proposals and personnel?

Response: The USG does not reveal details concerning the Technical Evaluation Panel.

Cost Proposal Q 43 Please clarify whether the Grants under Contract (GUC) of $455,000 is being allocated to a specific component(s).

Response: Yes – Component 3.

Q 44 Will USAID provide any guidance for the approximate percentage of total cost it desires to be allocated to each CLIN?

Response: With the exception of the GUC, Offerors are expected to propose component cost estimates per their technical approach.

Q 45 Page 35 of the RFP identifies under "STTA and Consultants" that the USAID CST/SES maximum established rate (AWCPAS) will be one of the measures for limiting compensations for consultants. However, please note that the AIDAR which incorporates the

CST/SES through public comment only applies to employees. Applying the CST/SES to consultants could place an administrative burden on USAID and the contractor for approvals as consultants are responsible for their own benefits and associates overhead/cost of doing business which the CST/SES does not take into account for employees. Will USAID consider revising this limit?

Response: The USAID CST policy applies to types of contracts in which the actual salary of the individual is considered in establishing the price or the fixed labor rate for services. This would include a contractor hiring consultants at daily rates, whose individual established rates may or may not be 'burdened' to include self-employed fringe benefits. Any base salary daily rate should be identified as such, within the CST threshold limitation.

Q 46 Please provide a detailed breakdown of the Mission’s local compensation plan, to provide a grade/step designation of salaries and benefits.

Response: The Embassy local compensation plan will be transmitted to those small business concerns who have registered their interest in this RFP.

Q 47 Please clarify whether the Local Compensation Plan salary limits apply to TCNs being proposed for Key Personnel positions, if their salary history justifies compensation above the LCP.

Response: A waiver may be processed for expatriate TCN personnel whose proposed salaries and allowances would exceed the local compensation plan.

Q 48 Clause H.8, paragraph c) on page 37 limits compensation for locally TCNs and CCNs to the maximum salary, allowances and fringe benefit packages authorized under the Mission Local Compensation Plan unless otherwise approved by the Contracting Officer.

Please provide a copy of the plan along with information on the allowances and fringe benefits authorized therein. Does USAID pay all benefits set forth under local labor law?

Response: See above. The Embassy and USAID pays all benefits set forth under Sri Lankan labor law.

Q 49 Page 83 of the RFP identifies that AID Form 1420-17 is required for all technical and administrative staff. The AIDAR 752.7001 identifies the AID Form 1420-17 is required of key personnel staff and US staff being sent overseas. In addition to this requirement going beyond the AIDAR which was adopted through public comment, applying this requirement increases the cost of doing business for contractors and USAID. Will USAID eliminate the requirement in the RFP and enforce the AIDAR requirement, as referenced.

Response: Section L.9 f. of the RFP is revised to indicate that an Offeror must submit fully completed and signed USAID

Biographical Data Sheet (USAID Form 1420-17) for: 1) All individuals to be sent outside of the United States, and 2) any employees designated as “key personnel”. Biographical data in the form usually maintained by the Offeror / Contractor on the other individuals actually employed under the contract shall be available for review by USAID at the Contractor’s headquarters. Per

AIDAR 752.7007 Personnel Compensation, Offerors should ensure that proposed salaries of all personnel are in accordance with the Offeror’s established policies, procedures, and practices, and the cost principles applicable.

Q 50 Clause H.10, paragraph l) Value Added Tax and Customs Duties on page 42 provides in part, “VAT and customs duties are excluded from the price on the contract….” Is there a bi-lateral agreement with Sri Lanka that provides exemption? If yes, is there an established and timely procedure in Sri Lanka for avoiding payment of VAT or customs duties at the time of purchase? If not, is there an established and timely procedure for applying for refunds and actually receiving such refunds? In the experience of contractors in many countries, receiving reimbursement of VAT and customs duties can take many months and far exceeds the contract period. Lengthy reimbursement delays can become a significant burden for small businesses. If reimbursement is required in Sri Lanka, will USAID consider allowing the cost of such VAT and customs duties to be invoiced to USAID provided that the contractor attaches a copy of its filing for reimbursement showing that the reimbursement is to be paid directly to USAID?

Response: There is a Development Objective bi-lateral agreement that provides for VAT exemption and USAID will assist the winning contractor in processing a project VAT exemption letter to that effect.

Q 51 Page 82 of the RFP identifies that organizations without a NICRA shall include audited balance sheet and profit and loss statements for the last two years. Is USAID interpreting the term "audit" literally or will USAID recognize that companies which are not publicly traded and have not had a contractual requirement often have compilations or reviews. As such, will USAID recognize a compilation or review from organization's which have not had an audit requirement prior this this RFP?

Response: Any organization that does not have a NICRA must follow the instructions indicated should they propose to include or cover 'indirect' costs through a percentage rate over specified base application. If such an indirect cost rate application can not be negotiated for lack of audited financial data, then a contractor or subcontractor would need to charge all incurred costs on a direct cost basis.

Q 52 B.6. While the RFP notes that ceiling rates will be determined at the time of award, subparagraph a) identifies the ceiling rates be not more than 2% points about provisional or 10% more than provisional. This is the standard language in full and open RFPs.

Since this RFP is geared towards small businesses which are more susceptible to business revenue fluctuations, will USAID consider revising this language to allow for ceiling rates to be placed based on competitive bidding practices versus RFP driven levels which are geared towards large business?

Response: USAID expects Offerors to propose ceilings on their indirect cost rates within the specified maximum parameters.

Should a small business concern feel that award of this activity or current known or anticipated changes in an Offeror's project portfolio will result in future rates that would exceed the ceiling limitations on current rates, then the Offeror should disclose that information for consideration by the Contracting Officer.

Q 53 Please clarify whether the fixed fee ceiling overage “allowance” of 2%, or 10% of the original provisional rate, will also apply to major subcontractors, or only to the prime contractor.

'Response: As indicated at Section B.6, prime contractors shall negotiate ceiling rates with any subcontractors within the stated parameters.

Q 54 The Standard Form 33 at the start of the proposal uses a proposal deadline of 5:00 pm local time, and the Solicitation Notice states a proposal deadline on January 31st, 6:00pm EST. Can the Mission please confirm the proposal due date and time?

Response: See revised proposal due date and submission information in the RFP amendment.

Q 55 Clauses L.6 QUESTIONS AND CLARIFICATIONS and L.7 INSTRUCTIONS TO OFFERS, a) General, both refer to dates in the cover letter to the RFP. No cover letter was posted with the RFP, although there was a synopsis with dates. Please clarify.

Response: The FedBizOps notice serves as the RFP Cover Letter.

Q 56 Delivery Instructions, (section L.7, b), p. 70. States that offerors shall submit proposals both electronically and by digital media, via hand delivery to USAID/Sri Lanka. Digital media, whether hand delivered or sent via courier, must be received by the due date.

This requirement could prove onerous for small business with the need to hire a local person to produce and deliver the digital media or for a U.S. representative to travel to Sri Lanka to ensure that this second prong of submission is met. While courier service is an alternative, the unreliability of delivery could also prove detrimental to the contractor if the digital media does not arrive before the due date. Would USAID consider accepting electronic submissions only; or in the alternative, to include digital media, but accept electronic submissions made by the due date as being compliant with digital media delivered thereafter?

Response: See revised proposal due date and submission information in RFP amendment.

Q 57 Does electronic submission count as “on time” for submission of the proposal or will hard copies by hand delivery by the due date also be required? (RFP pg. 70-71)

Response: See revised proposal due date and submission information in RFP amendment.