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Solicitation No. SOL-492-11-000011 Investment Enabling Environment (INVEST) Project August 19, 2011
ATTACHMENT A
Responses to Potential Offerors’ Questions Received by E-mail:
Cover Letter:
| Q1: | Page 1, paragraph 3 states, “Proposals will be accepted from Philippine private, for-profit and non-profit organizations, non-government organizations (NGOs) including universities, research organizations, professional associations, and relevant special interest association.” Are U.S incorporated companies which are registered locally eligible to bid as prime on this RFP? |
| A1: | We define a Philippine organization as an entity that at the time of the award and performance of the contract is one that: (1) is organized and authorized to transact its operations under the laws of the Philippines; (2) has its principal place of business in the Philippines; (3) is not less than 51% legally and beneficially owned by one or more resident citizens of the Philippines, and; (4) is not controlled by a foreign entity or by one or more individuals who are not resident citizens of the Philippines. |
| Q2: | Will it be full and open competition? |
| A2: | The solicitation is less than full and open. We have obtained a waiver to conduct a full and open competition among Philippine organizations only. |
| Q3: | Is this a small business set-aside? |
| A3: | No, this is not a small business set-aside. |
| Q4: | Will this be a single, or multiplier award? In other words, how many contracts will be awarded? |
| A4: | The intent of the RFP is to award only one contract. |
| Q5: | What is the anticipated size of each contract to be awarded? |
| A5: | It is anticipated that only one contract will be awarded in an amount not to exceed $3.5 million. |
| Q6: | I am writing to inquire about the eligibility of the Development Academy of the Philippines (DAP) to submit a proposal for SOL-492-11-000011 Investment Enabling Environment (INVEST) Project. DAP is a government-owned and controlled corporation. DAP was created by Presidential Decree 205 to perform the following functions: (a) | To foster and support the developmental forces at work in the nation's economy through selective human resource development programs, research, data-collection, and information services, to the end that optimization of wealth may be achieved in a manner congruent with the maximization of public security and welfare; (b) In line with the foregoing objective, to promote, carry on and conduct scientific, interdisciplinary, and policy-oriented research, education, training, consultancy, and publication in the broad fields of economics, public administration, and the political and social sciences generally, involving the study, determination, interpretation and publication of economic, political and social facts and principles bearing upon development problems of local, national or international significance; (c) To discharge a regional role in initiating and catalyzing exchange of ideas and expertise on development activities in the region of Asian and the Far East. The DAP Charter was further amended by PD 1061 and EO No. 288. (Please see attached copies of said laws). To give you a background on our operations, there are several technical centers that enter into contract with government agencies, private firms, donor agencies and international organizations to provide services such as technical assistance, training and research. We also implement Master's degree programs on Public Management and, Productivity and Quality…We have already reviewed CFR 228 and we'd like to clarify if we can qualify as a public educational institution. Alternatively, is it also possible for us to secure a waiver as provided in CFR 228.54? |
| A6: | Based on the documents you have submitted, it appears that the Development Academy of the Philippines is a local university and may submit a proposal in response to this solicitation. USAID reserves the right to do a pre-award survey to confirm this determination that DAP operates as a university. | |
Section C
| Q1: | Does USAID Philippines have a list of local contractors it has contracted with in the past for similar projects? If so, could we have a copy? |
| A1: | USAID/Philippines currently has two projects that promote competitiveness. These are being implemented by U.S. organizations. |
| Q2: | Page 16, in Section C.6. states “The core team should be composed of long-term, Philippine professionals with strong local governance and enterprise development experience and supplemented by local and/or international short-term consultants.” Elsewhere, there is mention that international best practices should be brought to bear on the implementation of this contract. Is it USAID’s intention that only Philippine nationals may hold long-term positions? |
| A2: | USAID/Philippines’ intention is to obtain the desired results for the Philippine Government given the estimated available funds. Offerors may assemble a project team composed of long-term Philippine and/or US professionals with the required knowledge and experience to achieve the intended results. |
| Q3: | We intend to partner with at least one other organization for this particular work, and would like to seek your advice as to how this partner should be treated in the proposal, given also its track-record in managing USAID investment promotion programs and its experience in local government-related projects. |
| A3: | The offeror’s technical approach will define its relationship with the other organization. Since the intended award is a contract, the prime may consider a subcontracting arrangement. Note that the prime must have the larger portion of the implementation activities. |
| Q4: | Are any of the personnel positions full time? If so, which ones? |
| A4. | In Section C.6, it states that “[t]he long term staff should include the Chief of Party, a Deputy Chief of Party, and a Monitoring and Evaluations Specialist.” |
| Q5: | Are firms allowed to associate/subcontract with firms that are unregistered with Fedbizops? |
| A5: | Yes, local organizations are allowed to associate/subcontract with firms that did not register with FedBizOps. Registration with FedBizOps was/is encouraged so that interested organizations will automatically receive all amendments to the RFP and other notices. |
| Q6: | How many short-term experts will be needed? Is there a separate budget for the hiring of these? Will the winning firm be allowed to charge a management fee for the short-term experts? |
| A6: | USAID expects an offeror’s technical approach to determine how many short term experts will be needed throughout the project’s life. The cost of these short term experts must be included in the cost proposal. The offeror must disclose if its proposed costs are basic salary rates or are “loaded” or fixed daily rates. If they are loaded or fixed daily rates, the offeror must state are included in the rates. |
| Q7: | Will the bidder be responsible for the entire life cycle of building the IT Systems (i.e. analysis, design, and construction)? |
| A7: | If the offeror’s proposal include building IT systems, the offeror can either build the systems or subcontract them. |
| Q8: | Can we simply design the system and state that at some point, engage a subcontractor to do the development/ construction? |
| A8: | Yes the offeror may design the system and engage a subcontractor. |
| Q9: | Will there be a need to meet face to face with chambers of commerce in the US? |
| A9: | The INVEST project is based in the Philippines. Depending on the offeror’s technical approach, it may involve meeting and working with local chambers of commerce. |
| Q10: | Will there be a need to fund technical assistance to industry associations? And if so, is this a separate budget? |
| A10: | The offeror’s approach will define the need to provide technical assistance to industry associations. The cost of the technical assistance should be incorporated in the offeror’s cost proposal. |
| Q11: | Will the bidder develop a portfolio of projects throughout the life of the INVEST program, or are the projects pre-defined already? |
| A11: | The offeror will propose the approach it will take and define all of the activities that it thinks are necessary to achieve the objectives of the project as contained in the RFP. |
Section G
| Q1: | Describe what is referred to as appropriate Government surveillance during performance that will provide reasonable assurance that efficient methods and effective control methods are used. |
| A1. | During the implementation of the project, a Contracting Officer’s Technical Representative (COTR) is assigned to oversee the contract. The Chief of Party is responsible for implementing the project using efficient methods and effective cost control methods to achieve the results. |
Section F
| Q1: | When is the expected project mobilization date? |
| A1: | USAID intends a contract start date of early October, 2011. |
| Q2: | What location would be preferred? Would Makati City be acceptable? |
| A2: | USAID has no preference as to where specifically in Metro Manila the offeror may want to set up its proposed central project office. The RFP will be amended to state Metro Manila instead of Manila. |
Section H
| Q1: | Are the project office lease, furniture, equipment, etc. part of the budget? |
| A1: | USAID expects the cost proposal to include all costs necessary to implement the project and obtain the expected results based on the offeror’s proposed technical approach. In B.5 on page 6 is listed the main budget categories and L.17 on page 86 provides more detailed information. |
| Q2: | Will vehicles be needed? If so, how many? Are they part of the budget? |
| A2: | USAID expects the offeror to include in its cost proposal the number of vehicles it thinks it needs based on its technical proposal as well as the vehicles’ estimated costs. |
Section I
| Q1: | There is a conflict in the provisions of FAR 52.216-7 - Allowable Cost and Payment, par. a(2) and FAR 52.232-25, par. a(4-5) in terms of late payment interest penalty. FAR 52.216-7, par. a(2) states that contract financing payments are not subject to the interest penalty provision of the Prompt Payment Act while the latter imposes late payment penalty. Please clarify and confirm which provision will prevail in connection with the INVEST Project. |
| A1: | There is actually no conflict between the two provisions as they refer to two different subject matters. FAR 52.216-7, Allowable Cost and Payment, is a provision used in solicitations and contracts for cost reimbursement contracts and refers to what particular costs a contractor can invoice for and expect to be paid by USAID. FAR 52.232-25, Prompt Payment, refers to the period of time a contractor can expect to be paid by USAID after submitting a proper invoice. To more fully understand these provisions as well as the other provisions in the RFP, we encourage all interested local organizations seeking a contract relationship with USAID to read the Federal Acquisition Regulations (FAR). The FAR is the uniform contracting policies and procedures for all executive agencies of the U.S. Government. It is available online at https://www.acquisition.gov/far/. |
| Q2: | With reference to FAR 52.216-7 - Allowable Cost and Payment, par. a(3), describe extent of the specific audit or other review procedures for a specific payment request that will be performed by the designated payment office to ensure compliance with the terms and conditions of the contract. Cite specific instances when the designated payment office will not be compelled to make payment by the specified due date. |
| A2: | The response to this question can be found in Federal Acquisition Regulation (FAR) Part 16.306 and 16.307. |
| Q3: | Under FAR 52.216-7, paragraph b(1)(ii)(F), what costs will be considered properly allocable and allowable indirect costs for the Contractor’s purpose of obtaining reimbursement under Government contracts. |
| A3: | FAR Part 31 contains the cost principles for contracts. |
| Q4: | Is the "discount for prompt payment" a requirement? |
| A4: | It will be applicable if the contract terms say so. |
| Q5: | In terms of the contractor’s internal control system, what are the specific procedures that the Contracting Officer perform to confirm the contractor’s compliance to the timely discovery of improper conduct in connection with US Government contracts and that corrective measures are carried out? |
| A5: | FAR 52.203-13 puts the responsibility on the prime contractor to establish a written code of business ethics and conduct and to exercise due diligence to prevent and detect criminal conduct. As soon as the contractor has credible evidence that a crime such as fraud, conflict of interest, bribery, or false claims has been detected, it shall immediately notify the Office of the Inspector General and the Contracting Officer. |
| Q6: | If there is a review performed extend to subcontractors? If yes, please describe the procedures. |
| A6: | USAID holds the prime contractor responsible for its subcontractors. |
| Q7: | Are foreign firms allowed to be subcontractors to the local firm? If not, are foreign short-term experts allowed to be subcontracted directly by the winning bidder? |
| A7: | for this particular solicitation, local firms may subcontract with Philippine and US firms. In order to subcontract with a non-Philippine or a non-US firm, the prime contractor must seek prior approval and a waiver of nationality from the Contracting Officer. |
Section K
| Q1: | Is the DUNS number required at proposal stage? Are any other numbers in addition to the DUNS number, required for the proposal? |
| A1: | The DUNS number is required before a local firm can be awarded a contract by USAID. The DUNS number is also required when registering with the Central Contractor Registration. To obtain a DUNS number, visit http://www.dnb.com/. |
Section L
| Q1: | Can a Philippine firm have a US firm as a partner (either joint venture, or consortium)? |
| A1: | Yes, a Philippine firm may partner with a US firm. Please see question 1 under Cover Letter. |
| Q2: | With respect to the salary history of personnel, does it need to be presented per individual team member? How many years are required for this purpose? |
| A2: | On page 88, letter (h), it states that “[o]fferor must submit fully completed and signed USAID Biographical Data Sheet (AID Form 1420-17) for each proposed staff member.” The form may be downloaded from the USAID website at http://www.usaid.gov/forms/. |
| Q3: | How would a cost proposal be assessed as reasonable, realistic and complete? Please describe basis. |
| A3: | USAID will conduct a cost analysis on each proposal received to determine that the costs proposed are what a prudent and competent buyer will be willing to pay for under existing market conditions. |
| Q4: | In terms of overall cost control/cost savings criterion, what would normally be considered excessive and/or unreasonable? Please specify. |
| A4: | The offeror is expected to provide actual costs or best cost estimates based on its historical experience and/or market research. |
| Q5: | Would it be possible to give the CVs of staff (not key personnel) at a later date? If not, up to what position would require a CV and how many pages maximum for CVs of staff? |
| A5: | For each Key Personnel, CVs must not exceed 3 pages. For non-key personnel, CVs must not exceed 2 pages per each. |
OTHERS
| Q1: | I have been googling the Internet regarding US federal contractor registration and certification, and I wonder if the two attached forms I was able to retrieve are proper aids: Central Contractor Registration Worksheet and a Representation and Certification Form. |
| A1: | Instructions on how to register, the required forms and other useful information are found in the Central Contractor Registration site, https://www.ccr.gov/. Kindly compare the forms you downloaded with those found in CCR. To facilitate registration, have your DUNS number ready. |
| Q2: | What are the specific indicators that would the Government would consider the contractor’s accounting system as adequate for determining costs applicable to the contract. |
| A2: | As part of responsibility determination, USAID will conduct a pre-award survey on the selected offeror to determine the adequacy of its accounting, recordkeeping, overall financial management systems and internal controls system. It will also look at the selected offeror’s capacity to perform technically and financially. The offeror is therefore required to submit as part of its cost proposal, audited balance sheets and profit and loss statements for the last two complete years, and the current year-to-date statements (or such lesser period if the offeror is a newly-formed organization). |
| Q3: | Does the Government prescribe accounting systems that are considered adequate (in the context of question no. 1)? If yes, please enumerate. What specific documents need to be submitted to comply with this requirement? Please provide template as to the required information. |
| A3. | USAID does not prescribe a particular accounting system but the selected offeror’s accounting system must adequately identify, segregate, accumulate and record all costs and must have an adequate indirect cost recovery system. |
Responses to Potential Offerors’ Questions during the Pre-Proposal Conference
| Q: | Is there a problem with a local firm joining up with a foreign firm? |
| A: | There is no problem with a joint venture between a local firm and a US firm. |
| Q: | Do all offerors need to register in CCR? |
| A: | Yes, the Central Contractor Registration is the central registry of all US Federal contractors. It provides a unique identifying number per contractor which USAID uses for tracking purposes. |
Q: What are the target cities/areas?
A: The target cities have not been specifically identified at this point. But cities under consideration are first class municipalities with established growth already. Three to five cities will be selected across the country and will not be concentrated in one area.
| Q: | How many proposals can a firm send? |
| A: | Only one contract will be awarded under this solicitation. If an offeror chooses to submit an alternate proposal it must also submit a proposal that is directly responsive to the terms and conditions of the solicitation before the alternate proposal can be considered. |
| Q: | We noticed the short-time frame for submission, will this be awarded soon or next year? |
| A: | USAID intends to award a contract by September 30, 2011. |
| Q: | How do you measure the success of the project? How do you measure FDI? |
| A: | Success will be defined by both the implementer and USAID. Both parties will come to an agreement on what the specific indicators will be and these indicators will be tracked. |
| Q: | Will overseas remittances be considered as FDI? |
| A: | Yes. The inflow of capital, both foreign & local, will be considered as FDI. |
| Q: | Will an overseas cooperative located outside of the Philippines be considered for this solicitation? Our cooperative has a farm in Bukidnon, can this be considered as a local address? |
| A: | What a local organization is is defined in Q1 under Cover Letter. |
| Q: | Is it okay to partner with local government? |
| A: | Yes, an offeror may partner with a local government to achieve the intended result. |
| Q: | How/What will be the business impact on environment? |
| A: | Every USAID project has an environmental compliance checklist. Each award, whether contract or grant, contains a provision on Environmental Compliance. |
| Q: | The RFP states that resumes of key personnel will be provided. Are these referring to the Chief of Party, Deputy Chief of Party and the Monitoring & Evaluation Specialist? |
| A: | Resumes of 3-pages each are required for the three key personnel positions. For non-key personnel, resumes of no more than 2 pages each are to be submitted. Resumes are to be submitted as annexes to the technical proposal. |
| Q: | Do we have to put the names of the personnel? |
| A: | The offeror should put the names of the personnel who have been identified or “TBD” if they have not yet been identified. |
| Q: | Will the Key Personnel be all Filipino? And Non-key personnel can be non-Filipino? |
| A: | We reconsidered our earlier response. Key personnel may be either Filipino or American. |
| Q: | One of the deliverables is the full implementation on the Philippine Business Registry. Our group has been working on this for some time now. How will you define success? |
| A: | What we would like to see is is for the Philippine Business Registry up and functioning. |
| Q: | Do we need to have strategic partners signify commitment? |
| A: | The offeror needs to list down the strategic partners and clearly discuss what their roles are in the technical proposal. |
| Q: | What is the timeline for the first year? Will it already include deliverables or is it just setting up the project? |
| A: | Offerors are to provide the timelines based on their proposed technical approaches. |
| Q: | Is there any template for the Work Program section? |
| A: | There is no template for the Work Program. |
| Q: | Will foreign subcontractors be allowed? How much should we budget? |
| A: | Because of source/origin/nationality considerations, other than Filipino subcontractors, only Americans are allowed. To subcontract for services with other than Filipino and US firms will require a waiver. |
| Q: | Will the project require a counterpart from the offeror? If yes, up to how much is expected? |
| A: | The intended award is a contract. We do not require a counterpart or cost share from the offeror. Cost share is usually required for grants. |
| Q: | Will there be an extension? |
| A: | USAID will evaluate the results of the project before the end of the two years to determine if it will exercise an option to extend the project for another year. |
| Q: | This is a Cost plus Fixed Fee Contract. How much is fixed fee? |
| A: | The FAR has established for cost plus fixed fee contracts, a maximum fixed fee of 10% of the contract’s estimated cost net of fixed fee. Note that the offeror must provide supporting budget documentation, including profit/fee policy, to substantiate its proposed fee. |
| Q: | Will the target cities be identified before the closing date of this solicitation? |
| A: | No. The cities will be determined after award. These cities will be all outside of Metro Manila. They will be first class cities and spread across the Philippines. There may be up to two each in the Visayas and in Mindanao, and one in Luzon. |
| Q: | We are a government-owned corporation, are we eligible to bid? |
| A: | Please see Q6 under Cover Letter. |
| Q: | Can USAID contract with government entities? |
| A: | USAID does not enter into contracts with the Philippine government because the Philippines and the US are both sovereign. We have what we call bilateral agreements. |
| Q: | Do we need to complete Section K? |
| A: | Yes, the offeror must complete section K and submit it with the proposal as an annex. If the offeror has problems completing portions of section K, let the Contracting Officer know when you submit your proposal. |
| Q: | The RFP talks of commodities to be bought, can we purchase commodities? |
| A: | The offeror’s approach will determine the kind of commodities it will purchase under the project. |
| Q: | You mentioned there will be two cities in Mindanao, will there not be an issue on security? |
| A: | We will discuss this matter with our Security office. Their advice will inform the final choice of cities. |
| Q: | Will you consider a foreign company registered and doing business in Philippines? What about a Filipino cooperative incorporated and based overseas? |
| A: | Please see Q1 under Cover Letter on page 1. |
| Q: | The budget indicated setting up offices, is there a need to set-up one in all cities? |
| A: | Where you set up your office/s will depend on your proposed technical approach. |
| Q: | We have political issues. We do lobbying work. Will this deter us from submitting a proposal? |
| A: | Your organization can submit a proposal but it should present a clear purpose and how it expects to achieve the project objectives contained in the solicitation. |
| Q: | Do we really need to submit a branding and marking plan? |
| A: | Yes. All offerors are required to submit a branding and marking plan with their proposal. It is a requirement but it will not be scored. |
| Q: | Given that solicitation will be amended, will the deadline be extended? |
| A: | Yes, the deadline is extended to August 31, 2011. |
| Q: | We have a grant with another agency, will this affect our application? Will there be a problem? |
| A: | USAID does not consider having a grant with another agency a problem. The offeror must clearly differentiate its program with the other agency from the program with USAID. The two programs’ funds must not be commingled and must be accounted for separately. |
| Q: | Can some portions of the RFP/proposal be customized for Philippine firms? |
| A: | In referring to Section K of the RFP, you should complete them to the best of your ability. Should there be issues, let the Contracting Officer know in your proposal. |
[End of Attachment A]