SOL-482-15-000004_(000001)_Attach_I.pdf

Attachment I – SOL-482-15-000004 Questions and Answers

Technical Questions

1. P. 46, H.25 Special Burma Provisions: The second paragraph on this page says: “Contractors must rely on an individual or general OFAC license for the conduct of their own activities and business in Burma.” Could you please describe what this means and whether USAID would provide documentation to assist in obtaining an OFAC license in the performance of the project, and what the implications are for doing business in Burma?

[USAID/Burma] Contractors are advised to familiarize themselves with the current legal restrictions on work in Burma, including the OFAC sanctions regime (www.treasury.gov).

2. Does USAID have a bilateral agreement with the Government of Burma that allows the project and expatriate personnel to be exempt from taxes?

[USAID/Burma] The United States Government and Burma are parties to a Framework Bilateral Agreement that affords certain tax exemptions on development assistance

(www.state.gov/documents/organization/214454.pdf)

3. P. 46, H.25 Assistance to the Government of Burma: This section states that “assistance may not be provided for the Government of

Burma unless otherwise approved in writing by USAID/Burma…” Given that this is a project that deals heavily with policy and that to be inclusive in policy dialogue and other aspects of the project one must include the Government of Burma representation, can

USAID clarify what would constitute acceptable assistance? Can government officials be invited to workshops, conferences and seminars and receive per diem or meals or similar things that other participants are receiving? Any information USAID can provide on the restrictions these places on the contractor in terms of approach, planning and operations would be helpful.

[USAID/Burma] For performance of activities involving assistance to the Government of Burma, prior written approval must be obtained. Approvals are granted on a case by case basis.

Applicants are encouraged to review Section C.5.a. of the solicitation.

4. P. 58, I.5: Refers in several locations to Thailand. Can we assume that this should actually read Burma?

[USAID/Burma] Yes, see amendment.

http://www.treasury.gov/ http://www.state.gov/documents/organization/214454.pdf

SOL-482-15-00004 QUESTIONS & ANSWERS – USAID/BURMA PRIVATE SECTOR DEVELOPMENT

5. P. 26, F.6 Key Personnel: Chief of Party: This section states that the requirements for the COP position include “A minimum of

5 years of project management experience as Chief of Party or

Deputy Chief of Party on an international program of a similar funding level.” P. 87, third paragraph under Section L.6.2, refers to “Illustrative qualifications of the Key and Non-Key

Personnel are specified in Section F”. P. 96, Criterion 2 Note states: Key Personnel that do not meet the minimum requirements included in Section F of the RFP will be rated deficient.” Will

USAID permit equivalent or equally responsible experience (such as Country Director, Team Leader, Program Officer, etc) with organizations that may not specifically be chief-of-party project positions but have similar levels of responsibility and oversight to qualify for the requirements stated in F.6 for “5 years of

Chief-of-Party or Deputy Chief of Party” experience?

[USAID/Burma] (1) Yes, as long as the CV for the proposed candidate can demonstrate “similar levels of responsibility and oversight.” (2) See amendment of the solicitation.

6. April 13th and April 17th are important public holidays in Burma (Water Festival and New Year’s Day), and as a result local partners/counterparts are on holiday from April 12 – April 21 this year. Would USAID consider extending the deadline of this proposal to provide offerors ample time to meet with relevant local partners and stakeholders who would otherwise be unavailable because of the holiday period?

No, USAID/Burma has reviewed the timelines and has determined that we will not extend the deadline for this solicitation. The period for this to be on the street is in compliance with FAR requirements.

7. P. 16, C.6 references the Economic Reform and ASEAN Integration activity as part of ACTI and requests that offerors “expand upon this engagement during a critical period in the political reform process in Burma.” Would USAID kindly provide offerors with documentation and recent reports on the ERA activities since they do not seem to be publically available?

[USAID/Burma] See amendment.

8. P. 16, C.7 states that the contractor will complement and support USAID Burma’s Democracy and Governance activities. Could USAID kindly provide additional documentation around these activities?

[USAID/Burma] Please refer to: http://www.usaid.gov/burma/our-work/democracy-human-rights-and-rule-law

9. P. 86, L.6 (4) lists Past Performance as section D of the technical proposal and then also as annex E. Section L.6.4 provides instructions to include information on Past Performance in an annex (also see our question #9). Could USAID kindly clarify what information should be included in Section D of the technical proposal (inclusive of the 25 pages) versus annex E

(exclusive of the 25 page limit)?

[USAID/Burma] Section D is a narrative discussion of past performance and Annex E is a list of relevant contracts.

10. P. 86, describes Annex E as “offeror/subcontractor past performance matrix.” Could USAID please confirm that the matrix refers to the template in attachment 2?

[USAID/Burma] Attachment 2 provides the information as required in L.6.4.A.2. See amendment.

11. P. 86 indicates that Annex E should be limited to 5 pages maximum. The guidance for attachment 2 (Contractor Past

Performance) indicates that the provided information cannot exceed 2 pages per activity, plus 1 page on the use of small business. Since between 3-5 past performance references are required, would USAID please consider changing the page allocation of Annex E to 12 pages?

[USAID/Burma] Yes, please see amendment.

12. P. 86 L.6.C describes the order in which Annexes must be presented. It does not include space or an identifying listing for the inclusion of the 10 SF 294s that are required under

L.6.4.C.3.b. Can all of the Small Business presentation

(including the narrative summary (L.6.4.c.3.a), the 10 SF 294s

(L.C.4.c.3.b) and the names and addresses of the three SB contacts (L.6.4.C.3.c) be included in an additional annex to be added to the list of annexes on p. 86?

13. P. 84-85 L.6 states that “text in text boxes included in the technical proposal must not be less than 12 points in size”. Page

85 then states that “text in graphs and charts may be smaller than 12 points in size, but must be legible.” Would USAID consider providing the same guidelines for text boxes as to graphs and charts?

14. P.84, L.6. Could USAID please confirm that offerors can include cover pages in addition to cover letters that are excluded from the 25 page count?

[USAID/Burma] Yes, confirmed.

15. P. 91, L.7. Part 2(10) states that offerors should include as part of the proposal the approach to achieving environmental compliance and management. Could USAID kindly clarify where in the technical proposal this information should be included since the guidance is currently found under “instructions for the preparation of the cost/business proposal.”?

[USAID/Burma] USAID requests that offerors include their approach to achieving environmental compliance in the budget narrative, which accompanies the cost proposal.

16. To maximize the ability to work with local subcontractors, would USAID consider adding language to the RFP allowing only non-exclusive agreements between contractors and local organizations.

[USAID/Burma] Yes, please see amendment

17. XXX is reviewing the referenced RFP and we understand the deadline for submission of requests for clarification is April 1, 2015, however we would like to submit for your consideration the following time sensitive request. Given the public holidays observed in Burma related to the upcoming Water Festival, contractors will not have the benefit of obtaining information to provide responses that give USAID the best value during this period. Considering this, and the upcoming May 1 Labour Day, would USAID please consider extending the due date from April 27 to May 6?

[USAID/Burma] See response to Question 5.

18. Is the referenced acquisition a new requirement or there is an incumbent fulfilling same or similar services? If there is an incumbent, would you be able to provide their name and contract number? The requirements in this solicitation will build on the work currently performed by Nathan Associates under a work stream to regional award (ASEAN Connectivity through Trade and

Investment (ACTI), Contract No. AID-486-C-13-00004).

[USAID/Burma] USAID/Burma calls the Burma work stream under ACTI the Economic Reform for ASEAN Integration (ERA) Activity, as discussed on page 16 of the solicitation.

19. In Section C.4 of the RFP (page 12), USAID details the scope of work anticipated under Intervention Area 4. In the final line, just before the bulleted list of Intervention Area 4 Goals, the

RFP says, “Finally, the Contractor will provide.” Would USAID please confirm whether this line is incomplete or if it is meant to introduce the Intervention 4 Goals that are listed immediately below?

[USAID/Burma] Please disregard the statement was it was included in the solicitation by an error.

20. Section F.5 (page 23), states that the quarterly financial report due dates will be within 15 calendar days after the end of the quarter and that the quarterly accrual report due date will be within 20 days before the end of the quarter. While we are certain that this is achievable for us and other implementing partners, would USAID consider aligning the financial reporting requirements for these two deliverables to increase the accuracy of the accrual reports?

[USAID/Burma] No, these dates are set by the Mission’s

Controller.

21. Section F.6 (page 27) provides information on a roster of short-term experts, and Section L.6 (page 85) includes this roster in the list of items will not count against the page limit. However, the RFP does not indicate where this roster should be placed.

Would USAID please confirm that offerors should include this short-term roster as Annex G, or provide alternate instructions?

[USAID/Burma] Please include an STTA roster in Annex C. See amendment.

22. In Section F.6.d (page 26), the first paragraph before the list of minimum qualifications for the deputy chief of party notes, “Offerors will clearly describe the overall experience for the

Chief of Party as demonstrated by…” Would USAID please confirm that this is meant to refer to the deputy chief of party and not the chief of party?

23. Section F.7 (page 28) authorizes a six-day workweek for expatriate short-term technical assistance while in Burma. Would

USAID please clarify whether a six-day workweek is also authorized for local short-term technical assistance?

[USAID/Burma] Local labor will be in compliance with local labor laws.

24. Section L.6 (page 84) gives “organizational chart” as an example of the five additional pages of illustrative charts and graphs that may be included outside the 25-page limit. However, the same section (page 86 describes) “management structure organizational charts” as a required element in Annex D, with its own four-page maximum. Would USAID please clarify whether an organizational chart is expected in the main body of the technical volume as part of the five additional pages, or in

Annex D, or both?

[USAID/Burma] Include the organizational chart in Annex D.

25. Section L.6 (page 85) notes that the minimum qualifications and roles and responsibilities for key personnel and implementation team members will not count against the page limit. Would USAID please confirm that offerors may include this information as part of Annex C, or provide alternate instructions?

26. Would USAID please confirm that the three-page limit per resume for Annex C noted on page 86 does not include the letter of commitment for each key personnel candidate?

[USAID/Burma]Confirmed.

27. Given that the past performance matrix is required in Annex E, would USAID please clarify what information it expects in the

Past Performance section (item D between the Management Approach and Annexes in the list at the top of page 86)?

[USAID/Burma] See the response to Question 9.

28. Section L.6.4 (pages 87-89) requires offerors to describe three to five recent and relevant contracts for itself and each major subcontractor, along with a description of quality awards and certifications that is not subject to the page limit for Annex E.

Information regarding use of small business concerns is also required. Assuming this information should appear in Annex E and not in the Past Performance section referenced at the top of page

86, would USAID consider exempting the narrative summary of performance in using small business concerns, and the list of small business references, from the five-page limit for Annex E referenced on page 86?

[USAID/Burma] See the response to Questions 9 and 12.

29. Would USAID please confirm that, given the current OFAC sanctions and the general licenses in place, that an OFAC license issued to USAID for its employees, grantees, or contractors (such as the former license BU-1847g) will no longer be needed or provided to conduct the activities and business related to this program?

[USAID/Burma] Please refer to the response for Question 1.

30. Per ADS 302.3.4.13, would USAID please confirm that the resulting contract will include the Grants under Contract authorizing language?

[USAID/Burma] Confirmed.

31. Would USAID please clarify whether there is an existing bilateral agreement with the government of Burma that contains the typical exemptions for U.S. implementing partners from such items as VAT, customs duties, income taxes on U.S. or third-country national personnel, and foreign income taxes levied against the contractor?

[USAID/Burma]Please refer to the response for Question 2.

32. Section H.25 - SPECIAL BURMA PROVISIONS (FEBRUARY 2015) Page 46 Gross Violations of Human Rights: Page 46 states “Assistance under this contract may not be made available to any individual or organization credibly alleged to have committed gross violations of human rights. Contractors must consult USAID/Burma if due diligence, including review of the SDN list, results in derogatory findings so that USAID may make a final determination.”

First, with respect to the following statement: “[a]ssistance under this contract may not be made available to any individual or organization credibly alleged to have committed gross violations of human rights,” please clarify (a) on what basis other than a review of the SDN List, a contractor is expected to conduct due diligence to assess for potential “gross violations” of human rights by any individual or entity; and (b) what would constitute credible evidence of a “gross violation” of human rights? Our understanding of the prohibition in the Burmese

Sanction Regulations is that entities must not enter into transactions, directly or indirectly, with any person listed on

OFAC’s Specially Designated Nationals and Blocked Persons List

(SDN List) 31 CFR §537.201(a), and the regulations do not require an organization to make any additional independent assessment.

Due diligence for gross violations of human rights is a separate requirement from review of the SDN list.

[USAID/Burma] Upon award, guidance will be provided to the implementing partner regarding compliance with this section.

33. Section H.25 - SPECIAL BURMA PROVISIONS (FEBRUARY 2015) ASSISTANCE TO THE GOVERNMENT OF BURMA: Page 46 states “The recipient/contractor is required to record all assistance for the

Government of Burma in its quarterly performance reports, following guidance and the template format in [Section XXX ], Program Reporting of this award.” USAID has indicated that contractors must record all assistance in its quarterly performance reports, following guidance and the template format in [Section XXX ], Program Reporting. We do not believe a template was provided. Can USAID provide the template and any applicable guidance regarding the nature of the report and what information contractors would be required to include? Can USAID also confirm that the contractor’s reporting obligations are consistent with the requirement as specified in the OFAC regulations? From the Burmese Sanctions Regulations, 31 C.F.R.

Part 537, it is our understanding that the reporting requirements with which a contractor must comply “are set forth in the

Department of State’s ‘Reporting Requirements on Responsible

Investment In Burma,’ available at:

www.HumanRights.gov/BurmaResponsibleInvestment.” 31 C.F.R.

§537.530. The template is located on page 22 of the solicitation.

[USAID/Burma]Instructions for completing the template will be provided upon award. This is a separate reporting requirement from OFAC requirements.

34. Section H.25 - SPECIAL BURMA PROVISIONS (FEBRUARY 2015) Page 46 ASSISTANCE TO THE GOVERNMENT OF BURMA: Page 46 states “Assistance may not be provided for the Government of Burma unless otherwise approved in writing by USAID/Burma.” See also F.5(5) Quarterly

Report Please clarify the relationship of this restriction on assistance to the Government of Burma as it pertains to the

Burmese Sanctions Regulations, which only specifically prohibit providing assistance to the Burmese Military of Defense, state or non-state armed groups (which includes the military), or entities owned 50% or more by any of the foregoing. Please clarify if this clause specifies an additional restriction and whether the project itself requires approval under this clause.

[USAID/Burma]Please see the answers previously provided to

Questions 3 and 33.

35. Section L.6 Page 85 Page Limits and Format: In order to present our proposal clearly and with appropriate graphic elements, we request that text boxes and figures can be presented that incorporate fonts smaller than 12-point as long as they remain clearly legible.

[USAID/Burma]See response to question 13.

36. Section L.6.4 – Past Performance Page 87 Past Performance: The RFP indicates that we and any subs with 20% of the budget must submit at least three and as many as five PPRs. In order to achieve USAID's objective of building local institutional capacity, while maximizing USAID's visibility into the capabilities and experience of more core team members, would

USAID consider evaluating PPRs of subcontractors undertaking less than 20% of the proposed budget?

[USAID/Burma]No, Please submit as specified in the solicitation.

37. Section L.6.4 – Past Performance Page 87 Can USAID clarify whether the PPR evaluation threshold of 20% of the budget is net of proposed grant funding? (i.e. Is the 20% budget for technical assistance only, or is it 20% of the GROSS contract budget, including grants?)

[USAID/Burma]Gross. 20% of the Total Estimated Cost.

38. Section L.7 Page 92 Grants Under Contract: Page 92 notes a ceiling for grants at $4.5 million over the life of the project.

We would like to request a GUC plug figure in order to allow for a consistent evaluation of offers.

[USAID/Burma]In order to allow for flexibility in approaches, USAID asks that Offerors propose a GUC program responsive to their technical approach.

39. General RFP Question Given the RFP’s short turnaround time and the challenges associated with operating in Burma (particularly for offerors who are not already implementing USAID programs on the ground), will USAID grant a deadline extension by four weeks?

[USAID/BURMA] See response to Question 5.

40. Section C.6 of the RFP (pgs. 15-16) references “Recent USAID engagement in Burma.” Can USAID provide any reports, feasibility studies, assessments, and/or other documentation related to this recent/ongoing work?

[USAID/Burma]See response to Questions 7 and 8.

41. Section L.6.2 of the RFP (pg. 87) states that “USAID discourages the use of exclusive agreements.” Please confirm that this means that USAID/Burma prohibits exclusive agreements with local subcontractors, local organizations, local personnel, and international personnel. Certainly, whichever Contractor wins can and should work with all best local firms and people. Some

Contractors have informed local firms that they must proceed exclusively with one bidder.

[USAID/Burma]See response to Question 16.

42. The description of the “minimum qualifications” of the Director of Finance and Administration position suggests that this position is an Other Direct Cost (i.e., non-labor position).

Please confirm this position is intended to be a non-technical position (i.e., not related to Intervention Area 3).

[USAID/Burma]In order to allow for flexibility in approaches, USAID asks that Offerors propose a personnel and staffing plan that supports their technical approach.

43. Will USAID consider staffing approaches whereby the Contractor proposes more than three Key Personnel positions? Please confirm that the three Key Personnel positions identified in the RFP are intended to be the minimum number of Key Personnel proposed, and the Contractor may propose more than three long-term technical staff.

[USAID/Burma] Only three key personnel are required.

44. Should the $4.5 million “Grants” line item on page 127 (Attachment 7) be used as a plug figure for the Budget? If so, please confirm that the $4.5 million covers the base years and option periods.

[USAID/Burma]See response to Question 38.

45. Should the Contractor propose potential uses of the $4.5 million in grants in the Technical Proposal? If so, please confirm that this does not constitute “Reference to the Cost Proposal.”

[USAID/Burma]Please see the technical evaluation criteria in the solicitation.

46. Please confirm that USAID/Burma does not want STTA CVs included in the proposal. Also, please confirm that USAID/Burma only wants the CVs of the three personnel identified in the RFP, excluding other LTTA local and international personnel.

[USAID/Burma]Only include CVs for proposed key personnel.

47. The Technical Evaluation Criteria (pg. 96) does not reference the required Annexes (e.g. Work Plan and M&E Plan). Will USAID clarify whether these Annexes will be scored, and if so, under which Criterion?

[USAID/Burma]The Work Plan and M&E Plan are part of a comprehensive technical approach and will be scored as part of

Criteria 1: Technical Approach.

48. When listing Past Performance information, is the Contractor required to use the Attachment 2 template? May the Contractor provide the requested information using its own template?

[USAID/Burma]See response to Question 10.

49. Given that USAID/Burma will likely take approximately a week to answer questions related to the RFP, and in consideration of the upcoming extended Holiday in Burma, will USAID/Burma consider extending the submission deadline by at least one week in order to allow offerors sufficient time to prepare the highest quality proposals?

[USAID/Burma]See response to Question 5.

50. Could you please finish the sentence on page 12 that simply reads “Finally the Contractor will provide”

[USAID/Burma]See response to Question 19.

51. May the font of text in text boxes, albeit 12 point, be other than Times Roman?

[USAID/Burma]See response to Question 13.

52. If an Offeror has at least one major subcontractor, and even if each partner only offers 3 relevant past performances each, and if each Contractor Performance Info sheet is kept to one page, this becomes 6 pages. Yet maximum size of Annex E is meant to be

5 pages. Please clarify.

[USAID/Burma]See response to Question 11.

53. Per page 84, the Offeror may include up to 5 pages of illustrative charts and graphs not to be counted within the 25 page limit. Where are these meant to be filed, or are they considered to be part of the already, elsewhere-defined annexes?

[USAID/Burma]The charts and graphs should be in the technical approach.

54. Per page 85, staffing is excluded from the 25 pages, yet part B of the proposal is Personnel & Staffing Plan. Can you please confirm that we should include descriptions of personnel qualifications & roles & responsibilities of personnel in the main text, i.e., counting as part of the 25 pages, and put all tables, CVs, LOCs, and the STTA roster in annex?

[USAID/Burma]See response to Question 25.

55. Can USAID please confirm that the "minimum qualifications and roles and responsibilities" of proposed key personnel/implementation team, 1420 bio-data forms, and the short term consultant matrix are to be submitted in Annex C?

[USAID/Burma]See response to Question 11.

56. On page 89, Section L.7, Part 2 (1) USAID states "Completed biographical data sheets, Form AID 1420-17 must be provided for all proposed personnel." Can USAID confirm that by proposed personnel, you are not referring to illustrative short-term personnel in the short-term consultant matrix? Would USAID like us to include CVs in Annex C of proposed personnel who are not identified as key personnel?

[USAID/Burma]Bio-data sheets are only required for proposed long-term personnel. CVs are only required for the three proposed key personnel.

57. Is it acceptable to USAID to include narrative and data on use of small business concerns in an additional annex, Annex G?

[USAID/Burma]See response to Question 12.

58. Page 26 of the RFP states that the Chief of Party must have “a minimum of 5 years of project management experience as Chief of

Party or Deputy Chief of Party on an international program of a similar funding level.” For USAID to be able to select from a larger and more dynamic pool of quality candidates would you be willing to accept senior management experience on other donor funded projects as equivalent to COP or Deputy COP experience?

[USAID/Burma]See response to question 5.

59. Page 26, section F.6 (b) states: “The Contractor must furnish key personnel and have all key personnel in-country within 30 days of calendar award.” However, page 87 section L.6.2 Personnel and Staffing Plan says, “individuals proposed for the Key

Personnel positions must be available immediately upon contract signature...” Could USAID please confirm key personnel must be available within 30 days of contract award?

[USAID/Burma]See amendment.

60. There is an incomplete sentence in Section C.4, page 12 of the

RFP (under Intervention Area 4): The text states "Finally the

Contractor will provide..." Is this a typographical error, or does USAID have further detail to add here?

[USAID/BURMA] See response to Question 19.

61. Section C.4, page 13 of the RFP (under "Project Purpose") refers to "recent diagnostic work in Burma". Could USAID please provide copies of these documents? They do not appear to be available in

DEC.

[USAID/Burma]The full range of diagnostic work on the country from the World Bank and other multi-lateral donors are readily available online.

62. Attachment 4 (IEE) includes considerable detail in the

"Background and Description of Activities" section. For example the IEE lists targeted sectors (e.g. the ICT sector) and emphasizes the need for the PSD project to focus on SMEs and SME policy development. The IEE also lists specific illustrative activities that the RFP does not. The IEE also provides for a different structure (two "Objectives" for the IEE vs. four

"Intervention Areas" in the RFP), though the scope is quite similar. Could USAID please clarify its purpose in attaching the

IEE to the solicitation?

[USAID/Burma]Specifically, is the IEE included for informational purposes only or does USAID intend for bidders to consider the illustrative activities and areas of focus listed in Attachment 4 to be an integral part of the RFP and which should be addressed in the proposal? USAID attached the IEE to illustrate the potential environmental impacts that different types of activities may have on the environmental determination.

Additionally, see response to Question 15.

63. Section L.6 (p. 86) indicates that Annex E should consist of a past performance matrix not to exceed 5 pages. However, Section

L.6.4 (p. 87) requests detailed past performance information as well as a description of the offeror’s use of small business concerns, including SF 294s. Could USAID please clarify which documents it intends for offerors to include in the past performance annex (Annex E)?

[USAID/Burma]Please see response to Question 11.

64. Regarding Attachment 2, Contractor Performance Information (p.

102), please confirm that offerors may exceed one page in discussing Performance in Using Small Business Concerns, given the extent of the information requested in Section L.6.4 (p. 88).

[USAID/Burma]Please see response to Question 12.

65. On page 86, L.6.2. Personnel and Staffing Plan USAID discourages the use of exclusive arrangements that limit USAID’s ability to receive the best possible services. Would USAID consider extending this language to also discourage exclusive arrangements with local partners? Doing so provides maximum flexibility to engage with a larger variety of local organizations while also ensuring all qualified local organizations are able to participate in project activities.

[USAID/Burma]Please see response to Question 16.

66. In L.7 Part 2, Paragraph 11 USAID specifies the ceiling on

Grants under Contract is $4,500,000; would USAID please confirm that this ceiling applies to the full five years (assuming exercised options) of the project?

[USAID/Burma]Please see response to Question 38.

67. Can USAID please confirm that the "minimum qualifications and roles and responsibilities" of proposed key personnel/implementation team, 1420 bio-data forms, and the short term consultant matrix are to be submitted in Annex

C?

[USAID/Burma]See response to Question 25.

68. On page 89, Section L.7, Part 2 (1) USAID states "Completed biographical data sheets, Form AID 1420-17 must be provided for all proposed personnel." Can USAID confirm that by proposed personnel, you are not referring to illustrative short-term personnel in the short-term consultant matrix? Would USAID like us to include CVs in Annex C of proposed personnel who are not identified as key personnel?

[USAID/Burma] See response to Question 46.

Cost Questions

69. P. 28, F.7. last sentence of the section states: “No premium pay is authorized under this contract.” Is the term

“premium pay” referring to allowances such as post differential, or to items such as overtime or holiday pay? Please clarify.

[USAID/Burma]Premium pay refers to overtime pay. Holiday pay would be subject to your organization’s policies or local labor law.

70. Attachment 6 provides guidelines around salaries. Per our policy we utilize the FSN scale and LCP to determine compensation

(to include allowances that should also be included as total compensation). Could USAID please share the latest LCP with offerors?

[USAID/Burma]See amendment – Section J.

71. P. 47, H.28 Regarding local compensation, the RFP states, “…the maximum prevailing compensation shall be the same as the maximum salary under the Burma Mission Local Compensation Plan.”

We believe that the LCP is a useful basis for determining the prevailing rates for positions comparable to the grade/step system in the plan, for example, drivers, administrative assistants, financial, operations and technical staff and that contractors need to ask the mission for approval only if they want to pay more than the amounts in the LCP for comparable positions. However, using the LCP as a salary cap becomes problematic when CCNs and TCNs are filling positions that do not map to the LCP, such as Chiefs of Party, Deputy Chiefs of Party and/or long-term specialized technical positions requiring international caliber qualifications. In these instances, we often rely on salary history and an understanding of prevailing rates for similar positions, rather than conforming solely to the

LCP. Therefore, we request that the LCP salary cap only apply to those positions comparable to and which may be mapped to the LCP.

Please advise.

[USAID/Burma]The LCP is a benchmark for positions that are of a comparable type to those within Embassy and USAID staff.

Positions that have qualifications, resulting in a salary “grade” that exceed the LCP require a waiver from the USAID Mission

Director.

72. P. 93, L.7 Part 6 states that “if the offeror’s approach requires that significant direct charges (more than 2% of the total estimated cost plus fixed fee)…” Could USAID please confirm that the 2% figure is correct?

[USAID/Burma]See amendment – Section L & Section M

73. P. 92, L.7, Part 2, (13) Fixed Fee states that USAID will not allow GUCs to be included in the calculation of fixed fee.

The ADS, at 636.3.6.2, states:

When a contractor is authorized to award grants on behalf of

USAID, the contractor shall not be expected to provide advances to the grantees with its own funds. In such cases, an LOC with the contractor that specifically provides for making advances to the grantees is the preferred funding method. The contracting officer is authorized to approve such advance payments regardless of the amount but must include the approval in the contract.

We do not believe that local organizations have the operating capital to implement grant activities without advances. In order to finance grantees, please confirm that:

1. GUCs may be included in the calculation of fixed fee, just as a subcontract would be, to cover the costs of financing; or, No; see item 3 below.

2. USAID will authorize the use of an LOC to provide advances for GUCs or, Yes, however the time period involved in securing the Procurement Executives approval for advances needs to be contemplated in planning the implementation of a grants program.

3. Proposers may add a grants management fee to cover financing and other costs related to GUCs.

[USAID/Burma]Yes

74. Section F.7 (page 28) authorizes a six-day workweek for expatriate short-term technical assistance while in Burma. Would

USAID please clarify whether a six-day workweek is also authorized for local short-term technical assistance?

[USAID/Burma]The contractor must abide by local labor law with regard to working conditions for local hires.

75. Section L.7.11 (page 92) states that USAID will not allow

Grants under Contract to be included in the calculation of fixed fee. This appears inconsistent with FAR 15.404-4 and ADS

302.3.6.9, which state, inter alia, that pre-negotiation fee objectives must be determined according to a structured approach that considers contractor effort, risk, and other special factors. Even with an advance payment mechanism in place, grants still require significant effort to administer and carry risks for the contractor, which would not generally support a pre-negotiation objective of a zero percent fee for managing such grants. Given this, and the fact that grants are expected to constitute a major portion of the costs to be incurred under the contract, we respectfully request that USAID reconsider its position.

[USAID/Burma]See response to Question 5.

76. Per ADS 302.3.4.13, would USAID please confirm that the resulting contract will include the Grants under Contract authorizing language?

[USAID/Burma]The contract will include the Grants under Contract authorizing language.

77. Consistent with the guidance in FAR 37.113-1 and considering that the anticipated contract will be performed entirely overseas, we respectfully request that USAID include FAR

52.237-9, Waiver of Limitation on Severance Payments to Foreign

Nationals, in the resultant contract to prevent conflict with applicable local employment laws and to ensure that our personnel will be able to comply with all laws of the cooperating country as required by AIDAR 752.7027(c).

[USAID/Burma]See amendment Section I.

78. On page 47, Section H.28 paragraph (b), USAID states that for

TCNs and CCNs "the maximum prevailing compensation shall be the same as the maximum salary under the Burma Mission Local

Compensation Plan." Attachment 6 offers a "Guidance to Offerors regarding salary ranges in Burma." Does USAID have a Local

Compensation Plan for Burma and will they provide it, or is

Attachment 6 in lieu of a more formal Local Compensation Plan?

[USAID/Burma]See response to Questions 2 and 3.

79. Page 8, Section B.8 references FAR 52.217-2, Multi-Year contract. Was this reference (for Multi-Year, and cancellation under such a contract) included by omission in this solicitation?

In accordance with FAR Part 17.106-1 (b), the fixed price contract pricing is more appropriate for multi-year contracting.

Further, per the FAR matrix shows that FAR 52.217-2 is not applicable for a ‘cost reimbursable service’ type contract. Given above FAR guidelines, will USAID consider removing the requirements for Multi-Year contract from the RFP?

[USAID/Burma]See amendment.

80. Page 8, Section B.8, Cancellation Ceiling: The RFP states that “…the Contractor will not incur any costs which would have been amortized over the life of the contract, should the contract be cancelled in accordance with FAR 52.217-2. Some cost such as office and house rentals often require a year or more rent in advance and may start part way through the contract year as office space and expat housing are not found immediately upon start-up, and rental agreements spill over to the next contract year. Would USAID consider these lease costs to be non-severable and allowable in a cancellation situation even if they extend through the following year rather than the year in which the contract is cancelled? Could USAID please provide more clarification and background on the cancellation ceilings?

[USAID/Burma]See amendment.

81. Page 92, Section L.7 “Instructions for the Preparation of the

Cost/Business Proposal”: Please confirm if Section K

Certifications & Representations is also required for local subcontractors.

[USAID/Burma]Yes. Additionally, USAID recommends that offerors require proposed local subcontractors request Dun & Bradstreet

Insight - dnb.com - DUNS numbers and register in System for Award

Management (SAM.gov).

82. Page 92, paragraph 13 of Section L.7, says USAID will not agree to allow Grants under Contracts to be included in the calculations of fixed fee. FAR 15-404-4 defines profit or fee not necessarily as a net income to contractors but rather, an element of the potential total remuneration that contractors may receive for contract performance over and above allowable cost. Secondly, per FAR15-404-4(ii) Contract cost risk is one of the factors for allowing a profit under a contract. The size of the grants under this RFP and the corresponding risk factor is considerably high with respect to the acts or omissions of grantees in cases when grantees misuse funds, or incur unallowable costs which cannot be collected. Will USAID consider allowing a lower fee on the grants, given the fact that the contractor will assume all of aforementioned risks in implementing the grants under contracts component?

[USAID/Burma]See response to Question 5.

83. Can USAID provide an exchange rate that the Contractors shall use for converting the local currency in the budget? No, USAID recommends that the offeror utilize a recognized organization that provides exchange rates. Is it acceptable to USAID to include narrative and data on use of small business concerns in an additional annex, Annex G?

[USAID/Burma]See amendment.

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84. Section L.6.4 – Past Performance Page 87: The RFP indicates that we and any subs with 20% of the budget must submit at least three and as many as five PPRs. In order to achieve USAID's objective of building local institutional capacity, while maximizing

USAID's visibility into the capabilities and experience of more core team members, would USAID consider evaluating PPRs of subcontractors undertaking less than 20% of the proposed budget?

[USAID/Burma]No. USAID does not see any correlation between providing past performance information of subs undertaking less than 20% and building local capacity.

End of Q&A -