RFP_Amendment_3_package.pdf

RESPONSES TO QUESTIONS RECEIVED FOR THE PHILAM FUND

1. Is the Gender Plan of Action included in the proposal to be submitted? Or that will be developed later?

The Gender Plan of Action will be completed by the implementer after the award is made. However, offerors should address how the Phil-Am Fund project will ensure that gender gaps and gender equality will be addressed through grant-making activities in the technical approach of the proposal.

2. What do you mean by “It is determined to have a Categorical Exclusion to environmental assessment.”? (see RFP Section C.7, page 43) What does this mean?

Essentially, the contractor for the Phil-Am Fund will be required to ensure environmental review is carried out for all grant-making activities. In many cases, the nature of the activities will result in a “categorical exclusion” meaning that the activity is excluded from environmental assessment because it is, by nature, not having an anticipated environmental impact. For additional information go to http://transition.usaid.gov/policy/ads/200/204.pdf

3. As to the Area of this 5-Year Project Operation; may we start with NCR, Region IV- A, Reg.IV-B and Region 3, for the First two (2) years of Operation and gradually expanding the Regional Operation for the rest of the Regions of the Philippines covering from the 3rd Year up the 5th year of operation?

The Phil-Am Fund is applicable nationwide. The Offeror can present in its implementation plan the timeline, strategy, activities and deliverables to meet the desired outcomes and work requirements. However, ultimate geographic scope for the various types of grants issued will be guided by the Grant Review Board and the COR for the Phil-Am Fund project. Some grants may need to be targeted to specific geographic areas. For example, one the illustrative activities under Category 3 (Combatting Trafficking in Persons) is the conduct of community education or public information programs, which could be targeted toward identified hotspots or source areas of trafficking victims in Mindanao. (See p.33)

4. Please give us the respective Percentage Allocation for each of the following Five (5) based Categories to be Funded as follows:

a. Enterprise Development

b. Governance;

c. Counter-trafficking;

d. Education Innovation Challenge Grant;

e. and Biodiversity Conservation.

http://transition.usaid.gov/policy/ads/200/204.pdf

USAID anticipates the approximate breakdown of grants as per funding allocations to be:

• 20% Governance

• 43% Economic growth

• 13% Trafficking-in-Persons

• 6% Basic education

• 18% Biodiversity

5. Vanguard Radio Network would like to submit its proposal as a Grantee for the following categories - a) Governance b) Economic Growth and c) Basic Education.

The venue in submitting a proposal as a Grantee is not required under the subject RFP. Upon the anticipated selection of an Awardee, the Grantees can communicate interest to the Contractor.

6. Does your policy allow multiple proposals under 1 implementing organization?

No. See L.4(c)(4) of the RFP.

7. You have specific requirements on the number of employees per project. If we have 3 projects to propose, does it mean they must be separate and distinct from one another in terms of employees or can it be under 1 Project Head with sub-employees to handle 3 separate projects? If so, how is the treatment of their salaries? For multiple solicitations, is multiple salary allowed if using the same people?

The three proposed projects must be separate and distinct from each other. Your organization may choose to name a specific employee exclusive to one project (i.e., 100% of his time) or you may choose to name one employee to all three projects. If this is the case, you must allocate the time of that employee across all 3 projects.

For example, the employee will devote 30% of his time to project A, 50% of his time to project B and 20% of his time to project C for a total of 100%.

8. Our business is engaged in broadcasting primarily and we want to maximize the power of media in realizing the vision and objectives of the projects we have in mind under the 3 categories mentioned: Can airtime be part of direct your cost?

Depending on the approach your organization presents in its technical proposal, airtime may be considered a direct cost if it is found to be feasible, reasonable, allowable and allocable.

9. Where will you peg the salary? Will a local or international rate apply?

The Offeror will propose the salaries of its project technical and administrative personnel. The salaries will depend on the Organization’s Human Resource policies. For local nationals, as a measure of reasonableness, USAID uses the U.S.

Embassy compensation plan as a reference by which to compare an offeror’s proposed personnel salaries.

10. Can we submit a proposal for an existing project or must all projects be new and have not been executed from the time of the application?

USAID/Philippines seeks proposals from Offerors to be the contractor who will establish, manage and administer the Philippine-American Fund grant-making facility, a new project, on behalf of USAID.

11. Can we present a 5-year plan and if your organization deems 3 years is better, would you give us the chance to make changes to fit the 3-year plan? What are the pros and cons should there be changes?

The Phil-Am Fund is a five-year project. Proposals will be evaluated according to the instructions and evaluation criteria specified in Sections L and M of the RFP. Once awarded, the contractor will be required to submit work-plans on an annual basis for the duration of the project.

12. Can another organization, other than USAID, fund the approved project under the Phil-Am Fund? Are there restrictions?

The Phil-Am Fund Project is a USAID project. If an organization wishes to propose a public-private partnership (PPP) with USAID or, in USAID parlance, a Global Development Alliance (GDA), it may do so. The Offeror can propose their best innovative idea forward to complement the goals and performance objectives of the project and the selection criteria.

13. Up to how many percent is allowable for the fixed fee?

For cost plus fixed fee contracts, FAR 15.404-4(c)(4)(i)(C) states that “the fee shall not exceed 10 percent of the contract’s estimated cost, excluding fee.”

14. The RFP states that “Labor cost for CCNs and TCNs shall not exceed the thresholds in the US Embassy’s local employee compensation plan (LCP).” May we ask for a copy of the LCP for our reference?

The table below is provided as a guide to Offerors and shows the annual salary ranges in Pesos for a 40-hour workweek for grade levels 1 to 13.

Notes: The above rates are basic and do not include fringe benefits.

Grade 13 is an exception.

15. In the additional requirements for personnel compensation, it states that an individual’s salary or wage may not exceed the current salary or wage or the highest rate of annual salary or wage in the last three years. We think this may hamper our ability to entice qualified personnel to leave their current engagements and work for the project, making our offer to individuals uncompetitive. Can we use the 5% annual salary escalation on their current salaries in order to make a competitive offer?

See questions no. 9 and 14 above.

16. We note that the payment mechanism for this contract is reimbursement and not cash advance. How often would be the period of reimbursement (monthly, quarterly, as needed)? And if the contractor would be advancing large amounts including the grants funds to be released to the subcontractors, are financing costs allowable for this contract?

USAID reimburses contractors every month. Payments are subject to the Prompt Pay Act (see G.9 of the RFP).

USAID has provision and mechanisms to provide advances to the Contractor for the grant award, which will be evaluated as part of any pre-award survey.

17. Is the budget, particularly the grants section, required to be presented along the five categories? Is the offeror expected to already provide the details on how many grantees would be awarded, the size of the grants, and the number of grantee capability building activities to be conducted?

Grade Minimum Maximum

1 134,244 208,087

2 201,347 312,095

3 223,358 346,206

4 261,563 405,421

5 289,543 448,801

6 322,148 499,336

7 363,904 564,049

8 433,055 671,238

9 539,399 836,069

10 689,981 1,069,470

11 932,329 1,445,105

12 1,090,935 1,690,952

13 1,276,524 1,978,610

The Offeror is expected to provide a proposed approach to establish and implement the grant-making fund project in the technical proposal. This can include the number and size of grants, capability building activities, procurement and solicitation mechanisms, etc. The Offeror must be able to show how it can achieve the functions of a grant-maker in relation to the five categories (see p.115). Final determination of the number and size of grants in each category will be determined after the anticipated award is made, in consultation with the COR and the Grant Review Board.

18. Are the costs of outreach and dissemination of lessons learned as well as the project implementation site visits by high ranking USG delegations mentioned under Section F.6 to be classified under Special Activities?

Where applicable and relevant to normal administration and management of the grant-making project (including preparations of solicitations, field visits, and dissemination related to the solicitations or about the activities of grantees toward meeting project goals, for example), costs should be charge-able to the overall operational/administration costs for the Phil-Am Fund. The activities to be covered by the Special Activities Fund (SAF) will be determined after the award is made.

19. Since the Special Activities Fund are for “unplanned activities” and the figures are plug figures, are we correct to assume that we need not provide any details on this fund?

Yes - these activities may only come out as essential in the course of implementing the Phil-Am Fund. Offerors are not required to explain what the activities would include.

20. Can we assume that audit costs for the grantees would fall under the category

Grants while the RCA/audit for the Offeror shall fall under Other Direct Cost?

Yes.

21. Is the 10% limit in Fixed Fee in FAR 15.404-4(b)(4)(i)(C) applicable to this contract?

If so, is the applicable base for the 10% the total direct cost inclusive of grants disbursements?

See question no.13.

22. Is the electronic copy indicated in the RFP an email copy or a CD copy of the proposal?

See L.4(5) of the RFP.

23. There is a required LOE chart both in the Technical Proposal annex and in the Cost

Proposal annex. How is one different from the other?

There is no difference.

24. There is a missing section related to the Special Activity Fund (SAF) which should be in Section C5. Please provide more information about SAF. Does SAF fund activities related to capacity building of grantees? Is funding for sub-contractors included in SAF?

See question no. 19. The SAF may cover costs related to Sub-Awards and/or Grants. The RFP will be amended to include additional information.

25. Can we use electronic signatures?

26. Are the cost document requirements (e.g. Representations and Certifications, NICRA, etc.) required also from proposed sub-contractors?

Yes. Go to http://transition.usaid.gov/policy/ads/300/303mab.pdf for additional information.

27. Are there points scored for partnership with US organizations?

Any partnership with US organizations will be reviewed as part of Technical and

Management Approach(es). See question no. 90.

28. May we ask how much fee are you paying the proposed Prime Contractor?

See question no.13.

29. As a mortgage banker based from California, your proposed mini USAID contractor duties and responsibilities are within our lending guidelines of operations of management. As a mortgage company, we accept brokered loans conforming to our lending rates.Except in your case, the mini USAID contractor accepts offerors and applicants for Grant.But mainly as I understood it, the mini USAID contractor will:

Originate the Grant applicants; Process the applicants in compliance to the Grant objectives and parameters;Underwrite the applicants with respect to the USAID guidelines; Submission of Approval of Grant by USAIDS officials; Release Funding of the Grant per USAID guidelines; Monitoring Performance of the Grant. Will the Prime Contractor provide office, staff, travel and logistic expense budget?

Yes, these expenses can be included in the cost proposal. See L.9(c).

30. Regarding SOL-492-13-000005, can USAID kindly extend the deadline to the end of

April please?

http://transition.usaid.gov/policy/ads/300/303mab.pdf

No. The deadline for submission of proposals was extended to 5:00 pm (Philippine time) of

March 5, 2013. The RFP was already amended to reflect the revised date.

31.What is the nature of the contract with subgrantee? Is it also a fixed contract? Are they allowed to charge indirect cost?

The relationship between the contractor and the awardees of the grants will be that of a grantor-grantee using USAID funds. The contractor, acting on behalf of USAID, will flow down all the pertinent provisions of USAID grants to the local grant awardees. It will not be a contractual relationship. USAID discourages charging indirect costs to local grants. Grants can take the form of fixed obligation or cost reimbursement (see ADS 303).

32. During proposal development of subgrantee, can we allocate funds for assistance in proposal development as part of capability building?

The Phil-Am Fund should seek opportunities to reach out to potential grantees, provide capacity-building that can strengthen grantees’ abilities in areas such as fund-raising, strategic planning, proposal development. The Contractor should however be cognizant of situations that may lead to conflicts of interest and corrupt the fair competition process for applicants seeking grant funding under the Phil-Am Fund. Also see Section I.21,Conflicts of Interest, of the RFP.

33. What is the mechanism for sub grant fund release? Upon signing of subgrant agreement, do we expect release of funds for mobilization of subgrantee?

The specific mechanism will be determined after the contract has been awarded.

See question no. 16.

34. Please clarify activities under SAF. Are these activities to be prescribed by USAID or are applicants expected to propose them?

See no. 19.

35. Will the grants program be directed to direct grantees or can subs be allowed?

The grants program is intended for direct grantees unless directed otherwise by

USAID.

36. Since this will be a 5-year ongoing concern, would it be possible to provide us an estimate bracket/range of the salaries depending on the grade level?

See question no. 14.

37. What is the fair amount range of salaries to be paid to external consultants?

See question no. 9. Also cost should be fair and reasonable.

38. On the fringe benefits, could you define further the scope of this and the allowable amount?

Offerors should use their established company policies and follow Philippines Government regulations to determine the appropriate fringe benefits for proposed employees. USAID looks at the reasonableness, allowability and allocability of those costs. See FAR Part 31.

39. If we hire external accountant/auditors from the top 3 accounting firm to audit the fund, what is the allowable budget of the USAID?

Commercial practices, competition, and other factors shall be considered by USAID.

40. Could you give us an example of a Fixed fee, which is on top of the grants and overall salaries?

See question no. 13.

41. Does USAID allow the fund managers to continue pursuing their other endeavors/projects prior to awarding of this contract, or the USAID require full focus and attention in managing this funds.

If the organization is an established fund management company with a regular clientele, then USAID will expect the company to continue as it was but will hire all the necessary staff or subcontract out or partner with other organizations to meet the requirements of the contract should it be selected.

42. What is the exact nature of the relationship between USAID and the Prime? (Is it a form of partnership, agency, a trust, or some other relationship?)

The nature is that of an agreement, enforceable by law, between two competent parties, to do or not to do something not prohibited by law, for a legal consideration.

See FAR 2.101 for additional information.

43. An Offeror who has no prior U.S. Government contracting experience is required to submit the following: (a) copies of the last three year’s Audited Financial Statements (the “AFS”) which a Certified Public Accountant or other auditor satisfactory to USAID has performed, and (2) copy of applicable policies and procedures for accounting, purchasing, property management, personnel and travel. To establish a Prime, individuals and/or organizations may opt to form a joint venture through a partnership or a company (the “New Company”). For a New Company, it will not yet possess any AFS. Consequently, how will the New Company be able to comply with the requirement on the submission of AFS?As an alternative, may the partner or shareholders’ AFS be submitted instead?

USAID is seeking a strong financial and management firm that can support all the requirements under the RFP and/or expect to meet.eligibility requirements. For additional information, see http://transition.usaid.gov/policy/ads/300/303sam.pdf

44. Is there a minimum organizational/business size and/or capital for the Prime? If so, what is the minimum?

None.

45. For initial costs, will the Prime be provided with a starting fund?

The contractor should have sufficient funds (or have the ability to obtain them) to set up office and to finance start-up operations.

46. In Section B of Part I, what is contemplated by the entry in item B.3(c)? (“Funds obligated hereunder are anticipated to be sufficient through ________.”)

USAID funds are appropriated annually by Congress. Since these funds are received annually, USAID may decide to fund its different awards incrementally by obligating specific amounts that are estimated to be sufficient to cover project costs through the next period when appropriated funds are received. Thus this provision is included in the contract.

47. May the Budget in the Proposal be revised subsequently to adjust for unforeseen operational costs? If so, what steps will be necessary to make adjustments in the Budget?

No. The Offeror should project costs as best as it could, based on its proposed technical and management approaches. There are contract provisions that will allow for contract modification(s). See Section I.1.

48.May the “Fixed Fee” be a certain percentage of the yearly Sub-Total Estimated Contract cost?

Per FAR 15.404-4, the “Fixed Fee” is based on a percentage of the contract’s estimated costs. See question no. 13.

49. Must the Special Activities Fund be fully spent? May the amount left for the previous year be allocated for the next succeeding year?

The Special Activities Fund (SAF), depending on need during project implementation, may not necessarily be fully spent. The remaining SAF funds may be used in succeeding years until the contract completion date.

50. If the Grant Fund comprises of the 70% of the Total Estimated Cost plus Fixed Fee, what is the remaining 30%?

The remaining 30% is for operational or administrative costs the contractor will incur to manage the Grants fund. This may include salaries, office space rentals, travel and transportation, supplies and equipment, utilities, etc.

51. The Prime is the one initially required to forward the sum covered by an approved grant. Thus, the Prime may resort to entering into arrangements with third parties in order to source capital/funds. To cover possible interest charges on the amounts sourced, may there be a cost charged/deducted from the awarded Grant to be shouldered by the Grantee? If cost-charging/deduction is permitted, what is the extent of the chargeable cost/deduction? (Otherwise stated, what is the ceiling of the chargeable cost/deduction?)

Interest charges are not allowable costs. See FAR Part 31.For what is allowable under profit, see FAR Part 15.404.

52. Is there a conflict of interest if the Prime sources capital/funds from its shareholders, officers, employees, or affiliates?

No but Offerors should avoid potential conflicts of interest. See Section I.21, Conflicts of Interest, of the RFP.

53. From the time that the Grant is advanced by the Prime, what processes will be undergone before reimbursement is made by USAID?

See G.9 of the RFP. Also see question no. 16.

54. When will reimbursements be expected to be received by the Prime? Is there a definite commitment period that the reimbursement will be made? If so, in the event that reimbursement is not made within the commitment period, is the Prime permitted to borrow a sum from third parties to cover for the reimbursement? If permitted, will the Prime be allowed to charge as operational costs on the interest charged by third parties? If so, what is the ceiling for the interest?

See G.9 of the RFP and questions no. 16 and 51.

55. For any reimbursement due under the RFP by USAID to the Prime, will such be in

US Dollars or in Philippine Pesos?

There are no reimbursement(s) of costs to be made under the RFP.

However, if the question was meant to be “Will USAID reimburse the Contractor in US Dollars or Philippine Pesos?” the answer is: Reimbursement will be in US

Dollars if the Contractor has a US Dollar account. If the Contractor has no US Dollar account, then reimbursement will be in Philippine Pesos.

56. If in US Dollars, what exchange rate will be used to convert the amount to Philippine

Pesos? (For accounting purposes, the amounts should ideally be in Philippine Pesos.)

The exchange rate to be used will be the exchange rate on the day when the invoice is processed.

57. For a New Company, how will it be evaluated? (The underlying proposition here is that the New Company will not yet have much to show in terms of history/experience, pertinent work experience and representative accomplishments, etc.). As an alternative, may the performance of the New Company’s partners/shareholders be considered?

A new company will be evaluated in accordance with the RFP criteria which may include other regulatory guidance and the organization’s own merits. See question

no. 43.

58. Should “relevant experience” cover all of the programs contemplated under the

Contract?

Relevant experience should be applied in accordance with the RFP Statement of

Work in Section C and the evaluation criteria, in Section M.

59. Similar to what was asked earlier, how will a New Company be evaluated if it does not have much of a past performance?

See question no. 57 above.

60. As an alternative, may the past performance of the New Company’s partners/investors be considered?

Yes. Also see FAR 42.1503 and FAR 15.305(2)(iv)

61.Is there a minimum percentage of the Grant Review Board’s (the “Board”) composition reserved for representatives from USAID?

See Section C,10 of the RFP.

62. May recipients or sub-recipients of USAID assistance apply profits to activities that may reasonably promote, advance, or develop the current project for which the grant was given? (Ex. If a grant was given to a start-up engaged in manufacturing hand-made souvenir crafts, may the profits thereof be applied to training of employees for new methods or products for the advancement of the business?)

USAID has a grant provision on Program Income that the Contractor will use in all the grants it will award.

63. The Grants Manual (the “Manual”) becomes final within forty-five (45) days after the contract effectivity date. Is this inflexible?

While the Grants Manual becomes final within 45 days, it can be amended or revised due to valid supervening events, force majeure and other unanticipated scenario. Any amendments or revisions to the Grants Manual shall be made in writing and shall require the approval of the Contracting Officer.

64. Will not supervening events, which may substantially affect the original intent or design of the Manual, be valid cause for its modifications, revisions, or amendments? (Ex. The effectivity of a new law dealing with Human-Trafficking may provide for certain requirements or measures that were not contemplated when the Grant was being drafted. Hence, the Grant may need to be revised to comply with such new requirements or measures.)

See question no. 63 above.

65. In Standard Form 33, item # 13 provides for “DISCOUNT FOR PROMPT

PAYMENT”. Is there a payment required for submitting a proposal? If so, how much? What is the manner of payment? Will it be reimbursed or returned if the Offeror if selected or not selected, respectively?

No.

66. Relationship of the Prime and USAID - After the five-year period, what becomes of the relationship between the Prime and USAID?

The relationship ends upon the completion of the five-year period of the contract.

However, the Contractor must keep all project records for an additional five years after the contract end date for audit purposes.

67. Is the Prime required to carry-on the duties and obligations under the Contract with respect to grants awarded to grantees? If so, what is the extent of the residual duties and obligations of the Prime?

The grants are intended to assist the grantees’ programs. The Contractor must ensure that sustainability is built-into the design of the grants so that grantees are able to stand on their own after the funding period ends.

68. Is there a conflict of interest if the Prime or its affiliates engage in business with the Grantees?

Yes! See Section I.21, Conflict of Interest, of the RFP.

69. Will there still be a conflict of interest if the Prime engages in business with the

Grantees after the five-year period?

No.

70. Who bears the tax liabilities arising out of or in connection with taxable activities under the RFP?

The U.S. Government is VAT-exempt. USAID will assist the Contractor in securing the VAT exemption certificate from the BIR.

71. Are there grounds for the termination of the Contract arising out of this RFP (the

“Contract”) by either or both the Prime and USAID? If so, what are these grounds?May the Contract be mutually terminated by the Prime and USAID?

See Section I.1, FAR 52.249-5 and FAR 52.249-6, of the RFP.

72. Is USAID willing to hold the Prime free from harm and liability arising out of or in connection with the activities contemplated under the RFP?

No.

73. Should disputes/suits/actions arise and commenced by third parties, will USAID shoulder the amount for the costs and/or incidental expenses, including but not limited to, engaging competent counsels, professionals, and experts? If so, will USAID advance the amount or reimburse the Prime of the costs and/or expenses?

USAID may consider depending on the type of disputes/suits or actions that may arise.

74. What law governs the interpretation and enforcement of rights and obligations under the Contract?

The United States Law will apply to resolve any claim of breach of this contract..

75. How will disputes arising out of or in connection with the Contract be resolved?

See Section I.1, FAR 52.233-1, Disputes (July 2002), of the RFP.

76. Who has jurisdiction over any dispute arising out of or in connection with the Contract? May international arbitration be requested as the mode of settling disputes?

Refer to FAR Part 33.

77. May the Prime request for an execution of Addendums to the Contract for any terms and conditions that may be modified, revised, or amended? If so, is USAID allowed or permitted to modify, revise, or amend the Contract?

Yes, the Contractor may request for modification to the contract if the need arises. If and when USAID agrees that there is a need, then a modification will be issued.

78. We would like to ask if we will be allowed to submit an application to the RFP even with the non-confirmation of our pre-registration request?

Yes you may submit a proposal in response to the RFP.

79. Is there a minimum/maximum number of grants to be made under the project, considering the Dollar threshold for the grants stated in the RFP?

There is no minimum or maximum number of grants to be made under the project.

The intent is to make all of the grant funds available to local grantees. The number of grants to be awarded will depend on the number of applications received from local organizations under the specific categories and the quality of those applications.

80. Are Philippine government agencies eligible to apply as the prime implementer?

No..

81. Can the project hand grants to public organizations? What is the definition of “non-sovereign” organizations?

USAID RFP does not mention “non-sovereign” organizations.

82. Is Philippine Council for NGO Certification (PCNC) registration necessary for prime implementers? For Grantees?

PCNC registration is desirable for the Contractor but it is not required by the RFP.

PCNC registration for future grantees is yet to be determined.

83. If an organization loses in the competition for the prime, can it bid for a grant later?

Yes, an organization that is not selected as the Contractor may apply for grants later if it can propose programs that fit under the different categories.

84. Under a cost –reimbursement contract, would the prime need to advance the costs?

See question no. 16.

85. Can USAID guarantee a loan necessary for implementing the contract?

USAID expects the contractor to have the financial means or have the ability to meet the financial requirements of implementing the contract. See question no. 16.

86. Are loan interest rates charged against the fixed fee?

Interest rate charges are not allowable costs. Hence, before proposing a fixed fee, the interested Offeror must have considered cost of money. See question no. 13.

87. What expenses can be charged against the SAF?

Expenses that can be charged against the SAF are only those that are directly allocable, allowable and reasonable to the specific activities approved to be funded under the SAF. See question no.19.

88. Is the SAF computed as part of the 70% of the funding that will directly support grants? Is the 70% direct funding for grants adjustable?

Yes, the SAF (with a plug amount of $1,800,000) is computed as part of the 70% funding that will directly support grants.

USAID’s intention for the Phil-Am Fund is to award as much of the funds to local organizations. Based on our experience, an efficiently managed organization’s operational/administrative costs is about 30% of its total program costs.

89. Can an organization submit a bid less than the ceiling amount?

Yes, an organization may submit a proposal for less than the ceiling amount.

90. Can the prime partner with an American or foreign organization?

Yes, an interested Offeror may partner with an American or foreign organization.

However, the Offeror must take note of the authorized geographic code of the Phil- Am Fund which is 937. This code allows participation from Philippine, U.S. and developing-countries-other-than-advanced-developing-countries and excludes prohibited sources. Countries not mentioned in this code will require a waiver. For more information about the geographic code, see 22 CFR 228.

91.With regard to economic grants (category 1, p.28 of the RFP), can the grantees make profit out of the grant funds? Can the grantees keep the profits from the grants?

See question no. 62.

92. Are pro-mining organizations eligible to apply for the biodiversity grants (category 5,

p. 38 of the RFP)?

RFP Issuance Date: January 18, 2013 RFP Closing Date: March 5, 2013 RFP Closing Time: 5:00pm, Manila Time

Pre-Proposal Conference: February 6, 2013

Questions closing date: February 8, 2013 Questions closing time: 11:00pm, Manila Time

SUBJECT: Request for Proposal (RFP) No. SOL-492-13-000005

The Philippine American (Phil-Am) Fund

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID) Mission to the Philippines, is soliciting proposals from qualified local organizations interested in providing the services detailed in the attached RFP for a project that will be administered by USAID’s Office of Economic Development and Governance (OEDG).

This procurement is being conducted through full and open competition among Philippine organizations only, for which the procedures for “contracting by negotiation, trade-off process” method of procurement, as described in Part 15 of the Federal Acquisition Regulation (FAR), will apply.

Proposals will be accepted from Philippine private, for-profit and non-profit organizations, non-governmental organizations (NGOs) including universities, research organizations, professional associations, and other relevant special interest associations. Faith-based and community organizations are also eligible to participate. In support of USAID’s interest in expanding the number and sustainability of development partners, USAID encourages proposals from potential new local partners.

USAID/Philippines plans to award a Cost-Plus-Fixed-Fee (CPFF) completion type contract. The maximum estimated amount of the contract (costs and fee) is US$ 24million covering a performance period of five years. Offerors must propose costs that they believe are appropriate, realistic and reasonable for the work. Cost proposals will be evaluated as part of the Best-Value procedure in determining contract award, including cost effectiveness of approaches to achieve the desired results.

This solicitation consists of this cover letter and the attached RFP. All Offerors are cautioned to carefully review this cover letter and the contents of the RFP.

Issuance of this solicitation and receipt of proposals from interested Offerors do not constitute a commitment on the part of the U.S Government or USAID to make an award. Neither does it constitute

U.S. Agency for International Development 8/F, PNB Financial Center Pres. Diosdado Macapagal Blvd.

1308 Pasay City, Philippines

Tel: (632) 552-9800 Fax (632) 552-9999 www.usaid-ph.gov

Philippine American (Phil-Am) Fund SOL-492-13-000005 an obligation to reimburse interested Offerors for any costs they incurred in the preparation and submission of their proposal. Award of a contract will be subject to availability of funds and proper completion of required USAID internal processes.

It is the responsibility of the recipient of this solicitation to ensure that it received the solicitation document in its entirety, including subsequent solicitation amendments, if any. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

The details associated with the submission requirements for Offerors proposals are outlined in Section L of this solicitation. Proposals must be signed by an official who is authorized to bind the organization.

They are to be submitted to USAID/Philippines no later than the closing date and time stated above, at the following address :

USAID/Philippines Regional Office of Acquisition and Assistance 8/F PNB Financial Center Pres. Diosdado Macapagal Blvd.

Pasay City, 1308.

One (1) original and five (5) hard copies of the technical proposal and one (1) original and one (1) copy of the cost proposal constitutes a complete submission. Offerors must also submit an electronic copy of both their technical and cost proposals. Acceptance is upon receipt of the complete hard copy NOT the electronic copy. Facsimile submissions will not be accepted.

Proposals received after the closing time and date or are incomplete, will not be accepted nor considered unless authorized by the Contracting Officer pursuant to FAR 15.208. Offerors should take into account the expected delivery time required by the proposal transmission of their choice and are responsible to ensure that proposals are received at USAID by the due date and time.

An interested vendors list is not included in this solicitation. Offerors can register and use the interested vendors list at the Federal Business Opportunities (http://www.fbo.gov) webpage created for this solicitation so that interested firms and individuals can contact one another for consideration of teaming arrangements and/or small business subcontracting opportunities arising from this solicitation.

A pre-proposal conference is scheduled on Wednesday, February 6, 2013 at 1:00pm in a venue to be announced at a later date. Attendance is free. Interested Offerors may send up to two (2) representatives to the conference. However, pre-registration is required. Interested Offerors must submit the name of their organization, the name(s) of their representative(s) and their individual email addresses and phone numbers by email to manilaphilamfund@usaid.gov, with a copy to orpmailbox@usaid.gov , no later than 11:00pm of Friday, February 1, 2013. Only those whose names were received on time and were confirmed as pre-registered will be allowed to attend the conference.

Offerors must notify USAID of any change(s) to confirmed attendee(s) participation no later than 4:00pm of Tuesday, February 5, 2013.

Questions, comments and requests for clarifications must be sent to manilaphilamfund@usaid.gov with a copy to orpmailbox@usaid.gov no later than February 8, 2013, 11:00pm, Manila time.

http://www.fbo.gov/ mailto:manilaphilamfund@usaid.gov mailto:orpmailbox@usaid.gov mailto:manilaphilamfund@usaid.gov mailto:orpmailbox@usaid.gov

USAID/Philippines reserves the right to reject any and all offers if such action is considered to be in the best interest of the US Government. Oral explanations or instructions given before the award of the contract will not be binding.

Please note that this does not constitute any guarantee that a contract will be awarded nor does it constitute any authorization by USAID to reimburse costs incurred by Offerors in the preparation and submittal of proposals.

Thank you for your interest in working with USAID/Philippines.

Sincerely, //S//

Jorge Dulanto-Hassenstein Contracting Officer

SF – 33

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS ____________________________________ 8

B.1 PURPOSE __________________________________________________________________________ 8

B.2 CONTRACT TYPE ____________________________________________________________________ 8

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT ____________________________________ 8

B.4 CONTRACT BUDGET AND CEILINGS _____________________________________________________ 8

B.5 BUDGET ___________________________________________________________________________ 9

B.6 COST REIMBURSABLE ________________________________________________________________ 9

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ________________________ 10

C.1. TITLE ____________________________________________________________________________ 10

C.2. SUMMARY OF THE PROJECT __________________________________________________________ 10

C.3. PROBLEM ANALYSIS AND OVERVIEW __________________________________________________ 12

C.4. LINKS TO USAID ASSISTANCE IN SUPPORT OF GROWTH ____________________________________ 18

C.5. scope of work _____________________________________________________________________ 26

C.6 COUNTERPARTS AND PARTNER AGENCIES ______________________________________________ 41

C.7 CRITICAL ISSUES AND CONSIDERATIONS IN DEVELOPING THE PROPOSAL _____________________ 42

C.9 COST SHARING ____________________________________________________________________ 45 c.10 USAID OVERSIGHT OF SUB-AWARD(S) __________________________________________________ 45

C.11 REFERENCES ______________________________________________________________________ 46

SECTION D – PACKAGING AND MARKING ______________________________________________ 48

D.1 AIDAR 752.7009 MARKING (JAN 1993) _________________________________________________ 48

D.2 BRANDING POLICY AND STRATEGY ____________________________________________________ 48

D.3 APPROVAL OF CONTRACTOR BRANDING IMPLEMENTATION AND MARKING PLAN ______________ 49

SECTION E – INSPECTION AND ACCEPTANCE ___________________________________________ 50

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ________________________ 50

E.2 INSPECTION AND ACCEPTANCE _______________________________________________________ 50

SECTION F – DELIVERIES OR PERFORMANCE ____________________________________________ 51

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ________________________ 51

F.2 PERIOD OF PERFORMANCE __________________________________________________________ 51

F.3 PLACE OF PERFORMANCE____________________________________________________________ 51

F.4 PERFORMANCE STANDARDS _________________________________________________________ 51

F.5 KEY PERSONNEL ___________________________________________________________________ 52

F.6 MANAGEMENT OF CONTRACT ________________________________________________________ 52

F.7 REPORTS AND OTHER DELIVERABLES __________________________________________________ 54

F.8 REPORTING FORMAT _______________________________________________________________ 60

F.9 LANGUAGE OF REPORTS AND OTHER OUTPUTS __________________________________________ 60

F.10 TECHNICAL DIRECTION AND DESIGNATION OF RESPONSIBLE USAID OFFICIALS _________________ 60

F.11 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS (JAN

2004) 61

F.12 EVALUATIONS _____________________________________________________________________ 62

SECTION G – CONTRACT ADMINISTRATION DATA _______________________________________ 63

G.1 ADMINISTRATIVE CONTRACTING OFFICE _______________________________________________ 63

G.2 CONTRACTING OFFICER _____________________________________________________________ 63

G.3 CONTRACTING OFFICER’S REPRESENTATIVE _____________________________________________ 63

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID _____________________________________ 63

G.5 ACCEPTANCE AND APPROVAL ________________________________________________________ 65

G.6 PAYING OFFICE ____________________________________________________________________ 65

G.7 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) _____________________________ 65

G.8 ACCOUNTING AND APPROPRIATION DATA ______________________________________________ 67

G.9 FAR 52.232-25 PROMPT PAY (OCT 2003) ________________________________________________ 67

SECTION H – SPECIAL CONTRACT REQUIREMENTS _______________________________________ 72

H.1 AUTHORIZED GEOGRAPHIC CODE _____________________________________________________ 72

H.2 TITLE TO PROPERTY ________________________________________________________________ 72

H.3 REQUESTS FOR CONSENT TO SUBCONTRACT ____________________________________________ 72

H.4 752.227-14 RIGHTS IN DATA – GENERAL (OCT 2007) ______________________________________ 72

H.5 PRESS RELATIONS __________________________________________________________________ 73

H.6 ENVIRONMENTAL COMPLIANCE ______________________________________________________ 73

H.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) _____________________ 75

SECTION I – CONTRACT CLAUSES _____________________________________________________ 76

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ________________________ 76

I.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) __________________________ 80

I.3 FAR 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) ________________________ 80

I.4 AIDAR 752.7007 PERSONNEL COMPENSATION (July 2007) _________________________________ 80

I.5 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION ____________________________ 80

I.6 CONTRACTOR’S STAFF SUPPORT AND ADMINISTRATIVE AND LOGISTICAL ARRANGEMENTS ______ 82

I.7 AUTHORIZED WORK DAY/WEEK _______________________________________________________ 82

I.8 LANGUAGE REQUIREMENTS__________________________________________________________ 82

I.9 AIDAR 752.7025 APPROVALS (APR 1984) _______________________________________________ 82

I.10 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS ______ 83

(JAN 1990) ______________________________________________________________________________ 83

I.11 BUSINESS CLASS AND PREMIUM CLASS TRAVEL __________________________________________ 83

I.12 CONTRACTOR’S USE OF PROJECT VEHICLES _____________________________________________ 83

I.13 GOVERNMENT FURNISHED FACILITIES OR PROPERTY _____________________________________ 83

I.14 AIDAR 752.245-71 TITLE TO AND CARE OF PROPERTY (APR 1984) ____________________________ 84

I.15 APPROVALS FOR NONEXPENDABLE PROPERTY PURCHASES ________________________________ 84

I.16 AIDAR 752.227-14 RIGHTS IN DATA – GENERAL (OCT 2007)________________________________ 84

I.17 AIDAR 752.231-71 SALARY SUPPLEMENTS FOR HG EMPLOYEES (OCT 1998) ___________________ 85

I.18 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JAN 2002) __________ 85

I.19 VALUE ADDED TAX (VAT) AND CUSTOM DUTIES __________________________________________ 85

I.20 REPORTING ON FOREIGN TAXES (JULY 2007) ____________________________________________ 86

I.21 CONFLICTS OF INTEREST _____________________________________________________________ 87

I.22 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) ___________ 88

I.23 302.3.5.9 NONDISCRIMINATION (JUN 2012) ____________________________________________ 92

I.24 USAID DISABILITY POLICY - ACQUISITION (DEC 2004) ______________________________________ 92

I.25 EXECUTIVE ORDER ON TERRORISM FINANCING __________________________________________ 92

I.26 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) Alt. I (AUG 2007) ____________ 93

I.27 302.3.5.13 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JULY 2007) _______ 95

I.28 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008) ________________ 95

I.29 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (FEB 2012) ______________________________________________________________________ 96

I.30 DISCLOSURE OF INFORMATION ______________________________________________________ 97

SECTION J – LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS _____________________ 98

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS ___________________________________________________________________ 99

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ___________________ 99

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2012) __________________ 99

K.3 INSURANCE - IMMUNITY FROM TORT LIABILITY _________________________________________ 103

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) _____________ 103

K.5 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS ___________________________ 104

K.6 SIGNATURE ______________________________________________________________________ 105

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ____________________ 106

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE __________________ 106

L.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) ______________ 106

L.3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2004) ___________ 106

L.4 ADDITIONAL INSTRUCTIONS TO OFFERORS _____________________________________________ 111

L.6 OFFER EXPIRATION DATE ___________________________________________________________ 113

L.7 GOVERNMENT OBLIGATION _________________________________________________________ 113

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL ______________________ 114

L.9 COST PROPOSALS (Volume II) ________________________________________________________ 120

L.10 INSTRUCTIONS FOR THE PREPARATION OF BRANDING IMPLEMENTATION AND MARKING PLANS _ 125

SECTION M – EVALUATION FACTORS FOR AWARD _____________________________________ 128

M.1 GENERAL INFORMATION ___________________________________________________________ 128

M.2 TECHNICAL PROPOSAL EVALUATION CRITERIA __________________________________________ 128

M.3 COST PROPOSAL EVALUATION _______________________________________________________ 131

M.4 AWARD _________________________________________________________________________ 132

ATTACHMENTS __________________________________________________________________ 133

ATTACHMENT J.1 LOCAL COMPENSATION POSITION DESCRIPTION GUIDELINES ____________________ 133

ATTACHMENT J.2 BRANDING IMPLEMENTATION PLAN AND MARKING PLAN FORMAT ______________ 139

ATTACHMENT J.3 USAID FORM 1420-17 CONTRACTOR EMPLOYEE BIOGRAPHICAL DATA SHEET _______ 146

PART I

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide the technical assistance and services to support USAID’s “Philippine American (Phil-Am) Fund”.

B.2 CONTRACT TYPE

This is a cost plus fixed fee completion type contract.

For the consideration set forth below, the Contractor will achieve the performance objectives and deliverables or outputs described in Sections, C, D and F and otherwise comply with all contract requirements.

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

(a) For the contract period, The Total Estimated Cost is $______________.

The Fixed Fee (if any) is $______________.

The Total Estimated Cost plus Fixed Fee (if any)is $______________.

(b) Within the estimated cost plus fixed fee (if any) specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance of the contract period hereunder is

The Contractor shall not exceed the aforesaid obligated amount unless authorized by the

Contracting Officer pursuant to the clause of this contract entitled “Limitation of Funds” (FAR 52.232-22). See Section I of this contract.

(c) Funds obligated hereunder are anticipated to be sufficient through ________________.

B.4 CONTRACT BUDGET AND CEILINGS

(a) The contract budget found in B.5, Budget, is based on the contractor’s original proposal and/or final proposal revision, which was accepted by USAID through award of this contract.

(b) Without the prior written approval of the contracting officer, the Contractor may not exceed the total estimated cost set forth in the budget hereunder or the obligated amount, whichever is less.

B.5 BUDGET

The…