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RFP No. SOL-514-09-000002 - Monitoring and Evaluation Program

Questions and Answers Question 1. The RFP indicates that the authorized geographic code for procurement of goods and services is ‘000’ and that Colombian firms are also eligible to apply. As an organization based in the UK we would like to know if we collaborate as a sub-contractor to a firm based in the United States or join a consortium of firms from the US and Colombia.

Answer:

Yes, your organization may participate as a subcontractor. The prime contractor has to comply with USAID source, origin and nationality regulations as per ADS 310.

Question 2. Is there an estimated award date for this program?

Answer:

The estimated award date for this contract is the beginning of the third calendar year quarter of 2010.

Question 3. In reviewing the request for proposals, we found that two NAICS codes are provided in section K.2: 541990 and 541330. These two codes have different size standards and cover different technical areas. Based on our experience, [we] anticipate greater participation from qualified small businesses with expertise more closely aligned with NAICS Code 541990, with a size standard of $7 million. In light of this information, would USAID consider changing K.2.(2) to reflect the size standard of $7 million, consistent with NAICS Code 541990?

Answer:

The NAICS Code will be changed to only 541990 with a Small Business Size standard of $7 million. This change will be reflected in an amendment to the RFP.

Question 4. Please clarify the section H-5 on page 31 - Authorized geographic code is 000 limiting prime contracting to US firms for a procurement of this magnitude. Does USAID/Colombia wish to exclude local organizations/firms from bidding as prime contractors? If such is not the case, will there be a waiver issued in accordance with the 22CFR 228 Subpart F? If there will be no waivers issued, maximum amount for services of a local organization or firm as subcontractor would be $250,000 over the life of project, in accordance with the 22CFR 228.4 (d). Please clarify, correct or confirm.

Answer:

USAID/Colombia is seeking maximum participation in this competition. Should a non-US firm or entity become the highest rated Offeror and selected for award, USAID will consider granting a waiver in accordance with 22 CFR 228.

Question 5. Though the contractor “assumes full responsibility for the safety of its employees” (Section H, pg 33), the security allowed appears to be confined to ‘adequate procedures’ (p.33), ‘seek(ing) information’, ‘immediately notifying’, ’develop(ing) a security plan (which) shall include… procedures for reporting”, “report any security threats…and develop a list of specific steps to track any…threats” (p.34). Are contractors allowed to provide physical security if necessary for employees in Colombia?

Answer:

Yes, physical security can be included as part of the plan that is to be implemented and maintained by the contractor, subcontractors (and/or sub-grantees) to safeguard all project operations and to comply with all United States Government regulations. However, the security plan will need to be approved by USAID. Proposed security costs will be evaluated for reasonableness and realism.

Question 6. My question is whether there are any particular requirements under USAID regulations that a small business needs to meet to be a subcontractor.

Answer:

Subcontractors are subject to similar rules and regulations that the prime contractor must comply with, such as USG regulations in ADS 300 series along with the FAR and AIDAR. FAR Part 44 is of particular interest to subcontractors.

Question 7. If a small disadvantaged business responds to the above solicitation, as part of the cost evaluation, will a 10% advantage be given per procurement law?

Answer:

No. Civilian agencies do not have the statutory authority to apply the price evaluation adjustment for small disadvantaged businesses. Please see FAR 19.1102.

Question 8. Do the professional members of the team need to provide certificates of past jobs, university certificates and CVs?

Answer:

Yes, CV’s are required as part of the proposal content. Please refer to Section J, Exhibit 2; Section L.10.b.4 and L.10.e.2)4.

Question 9. Do we need to use the American accountancy model?

Answer: Under 48 C.F.R. 9903.201-1, CAS applicability, contracts and subcontracts to be executed and performed entirely outside the United States, its territories, and possessions are exempt from CAS coverage. Additionally, if you are a small business, your contract would also be exempt. Being exempt from CAS does not relieve you of the burden of having an adequate accounting system for performing cost reimbursement contracts.

Question 10. On page 60 of the RFP, it is advised that we use the model in attachment 4, Section J, but it is not included. Where can we find the document?

Answer: The attachment is published on the FedbizzOpps website under the name “Attachment 3 - Summary Cost Sheet SOL-514-09-000002” and can be accessed using the following link: https://www.fbo.gov/utils/view?id=821058552c28e0144238354ec5540da9 Question 11. As part of the pre-solicitation documentation, there was a list included with the legal documentation, for example the chamber of commerce certificate, operational manuals, control policy, documents regarding the legal constitutionality of the company etc. Which documents do we need to include in the proposal?

Answer: Please refer to section L.10.b.4 of the solicitation. There is not a specific list of documents that Offerors shall include in the proposal. Offerors are free to include the documents/attachments they consider appropriate.

Question 12. Does the Disclosure of Lobbying Activities apply to Colombian companies? The form refers to federal themes that seem not apply to Colombia.

Answer:

Yes, every Offeror must submit this form signed.

Question 13. Does the RFP SOL-514-09-000002 (Monitoring and Evaluation Program) specify any limitation/condition as far as the nationality of the offeror is concerned? If yes, in which part of the RFP document?

Answer: Please see the answer to question 4.

Question 14. Previously, a Colombian company with whom we applying for the contact, has worked for USAID. As we understand it this counts as a lobbying activity; however, question 10a mentions a registrant and we have never been asked to register to undertake lobbying activities. Does the lobbying activities section not apply to us as a Colombian company, governed by different lobbying laws? In the case that it does, what person should be include in this section?

Answer:

What you mention above is very likely not a lobbying activity covered by the statutory prohibition. However, you are responsible for making this determination of the need for disclosure.

Yes it does apply to Colombian entities.

Please refer to FAR provision 52.203-11 and FAR clause 52.203-12 for additional information.

Question 15. Can The Offeror being a Colombian entity, will apply the Colombian labor regulations for:

a) The contracting conditions of professionals employees, both TCN and CCN?

Answer:

Please refer to AIDAR Appendix J (http://www.usaid.gov/policy/ads/300/aidar.doc)

b) The other aspects of the elaboration of the Professional Compensation Plan?

Answer: Yes, Offeror shall apply the Colombian labor regulations. Please be aware that according to section L.10.e.5), the Offeror’s compensation plan shall also address the information required by FAR 52.222-46.

Question 16. Can As for the filling of the “Disclosure of Lobbying activities” Form: In point 10.b, is it necessary to mention all the individuals performing services for the Lobbying Entity?

If not, what should be the criteria for the mention of any individuals? Should they be the professional work team?

Do we have to take into account the concept of “regularly employed” as it is defined in the US CODE TITLE 31/SUBTITLE II / CHAPTER 13 / SUBCHAPTER III/§ 1352/G/10 SECTION meaning “officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment”

Answer:

Please see the answer to question 14 and FAR subpart 3.8 for additional information.

Question 17. Are Colombian private firms/organizations elegible to participate as prime contractors to implement the M&E Program?

Answer: Please see the answer to question 4.

Question 18. Are Joint venture (colombian – american organizations/firms) allowed?

Answer: Yes, joint ventures are permitted to submit a proposal and this shall identify and describe the roles and responsibilities of such local, regional, and/or international organizations. Please refer to section L.10.c. Sub-factor 2. a) for further reference.

Question 19. Attachment 3, the Summary Cost Sheet, lists both Direct Long-term labor (local) and Local staff under *Labor. Can you please explain the difference?

Answer:

Direct Long Term Labor (local) refers to employees that are technically directly involved with the implementation of the program. Local staff refers to other professionals and administrative staff.

Question 20. Some costs are not included in Attachment 3, Summary Cost Sheet. Is there any flexibility in the cost items listed in the template? Can the Offeror add cost items to the summary budget? For example, under Travel, Transportation & Per Diem, is it possible to add a line item for other travel related costs (such as MEDEX, visas, or DBA insurance)?

Answer:

Yes, Offerors can adjust/add more sub-line items under the cost items. However, we recommend not changing the general line items such as Labor, Overhead, Travel Transportation and Per Diem, etc.

Question 21. How do the regulations on U.S. small business concerns are applicable for Colombian bidders?

Answer: It is USAID policy that all prime contractors make maximum use of US small business concerns.

Question 22. Is there any insurance required to back the proposal?

Answer:

No, proposals do not need to be backed by any type of performance bond or other security of insurance.

Question 23. Should the Branding and Marking Plan be included within this proposal? Can this be developed before the end of the first month of the contract?

Answer: Yes, the Branding Implementation Plan should be part of the Business/Cost proposal and must be submitted on the proposal’s due date.

Question 24. The paragraph K.2 52.204-8 ANNUAL REPRESENTATION AND CERTIFICATIONS applies to Colombian bidders? The Colombian offerors have to complete the ORCA (On line Representations and Certifications Applications) ?

Answer:

Yes.

Question 25. You ask for a complete breakout in detail of the costs of subcontracts. In addition to this, you ask for Biographical Data Sheets for each long-term individual furnished by the subcontractors. Taking into account that this is a proposal, and that the possible subcontracts would only be awarded after the M&E contract is awarded by USAID, is it completely necessary to provide this information?

Answer:

It is necessary that Offerors provide as much information on subcontracts as possible.

Question 26. Could you elaborate on the last paragraph of section L.10.e – numeral 2? You ask to fill out Attachment 4 in Section J, but there is no such attachment provided.

Answer: Attachment No. 2, “BRANDING STRATEGY FOR THE USAID/COLOMBIA MONITORING AND EVALUATION PROGRAM” can be found on pages 83 through 86 of the solicitation.

Question 27. Could you elaborate on the last paragraph of section M.4, in order to provide us with a better understanding of will the award be made, and how Past Performance and will be taken into account?

Answer:

Please refer to Section M.3.b on Past Performance evaluation.

Question 28. In section L.10.e 1) 2. you ask to identify "your cognizant U.S. Government Audit Office. Does this apply only to offerors from the United States? If not, what do you mean?

Answer:

This applies only to US Offerors with cognizant audit agencies.

Question 29. Section H.5 on page 31 indicates that the Geographic Code for this procurement is 000. In accordance with ADS Chapter 311, and CFR Part 228, local procurement of Professional Services is limited to $250,000. In order to allow for maximum use of Colombian expertise and subcontractors, we respectfully request that USAID consider changing the code to 935 or to include Colombia (514) in addition to the US, as an authorized source.

Answer:

Please refer to question 4.

Question 30. The evaluation factors in Section M on page 63 include US Small Business Utilization as one of the 4 factors making up 50 points allotted for the Management Plan. Given the relatively small size of this procurement ($1.6-$1.9 million per year) limited subcontracting opportunities exist. In addition, maximizing the use of US business subcontractors will by force reduce the availability of resources for Colombian organizations. This seems to be at odds with USAID’s overall mission to increase local capacity. We therefore respectfully request that the evaluation factor for use of US Small Businesses be deleted.

Answer:

USAID/Colombia expects Offerors to effectively balance the participation of local entities and US small businesses. The two goals could effectively work together to achieve our developmental goals.

Question 31. Page 6, Section B.2, states: “This is a cost reimbursement contract.” We respectfully request that this be modified to read “This is a Cost Plus Fixed Fee (CPFF) contract.”

Answer:

A Cost plus Fixed Fee contract is a cost-reimbursement contract. Please refer to FAR 16.306.

Question 32. Given that a large part of the Cost Proposal includes scanned documents and/or certifications with signatures, many of which do not exist in an MS Word or Excel format (NICRAs, Representations and Certifications, Biodata forms, letters of commitment, etc.), would it be acceptable to submit the Cost Proposal in PDF, with the budget provided in MS Excel?

Answer: Yes, proposals in Portable Document Format (PDF) are acceptable. Please refer to section H.4(b)(2)(iv). Also, the budget can be submitted in MS Excel.

Question 33. In addition, we respectfully request that you allow submission of the Technical Proposal in PDF. It will significantly reduce the file size of submissions, as well as reducing the possibility for transmission errors.

Answer: Yes, proposals in Portable Document Format (PDF) will be accepted. Please refer to section H.4(b)(2)(iv), for further reference.

Question 34. A Colombian foundation, it cannot participate by itself?

Answer: Please see the answer to question 4.