Final_Amendment_No_1_to_the_RFP_Transparency_and_Accountability_Activity_-_Q A.pdf

Amendment No. 1 to RFP No. SOL-519-15-000008

Questions & Answers

1. I was curious if this was a follow-on requirement. If so, would it be possible for you to provide the incumbent information (we need the contract number and contractor).

ANSWER: The contractor that implemented a similar activity until March 2015 was Casals and

Associates under award No. DFD-I-01-08-00069-00.

2. Can you tell me if there is an incumbent contractor currently performing work for this requirement? If so, could you please provide their company name and contract number?

ANSWER: Please refer to the response to question No. 1 above.

3. Could the Mission please provide a Local Compensation Plan?

ANSWER: The proposed salaries and consulting rates for Foreign Service Nationals should be based on your organization’s policy. However, the various level and ranges within the local compensation plan were provided in Section L.9. of the solicitation.

4. Would the IDIQ releases likely represent an expansion of the scope of work already being performed under the cost-plus fixed fee portion of the RFP?

ANSWER: Potential task orders will be within the general scope of the contract. Please refer to

Section C of the solicitation.

5. Is the work contemplated under the IDIQ portion of the contract dependent on the approval of the

Salvadoran government partner?

ANSWER: No; USAID will design statements of work in consultation with relevant Salvadoran government counterparts, if applicable, and issue a task order(s).

6. How many task orders are expected to be released under the IDIQ portion of the contract? To respond to

CLIN 002 is the offeror expected to design a holistic 3 to 5 year project, or suggest discrete tasks that could be issued under task orders? Will the task orders be sole sourced to the awardee?

ANSWER: At this time we can’t define the number of task order to be issued under the IDIQ CLIN of the contract. The RFP requires that the selected contractor be able to respond to any task order issued during the life of the activity and this will be an evaluation factor for award. Once awarded, CLIN 002 (IDIQ) will be part of the selected awardee, and no further competition will be required.

7. Given that CLIN 002 is an IDIQ, should all personnel salaries and personnel costs be budgeted solely under

CLIN 001?

ANSWER: No, since the amount for this CLIN is a smaller amount. Please refer to section

L.9.c.(2)xv. for the structure of the cost proposal and the budget format.

8. The template on page 5 does not include a grants line item for CLIN 002, but per the instructions on page

23 CLIN 002 has a significant grant component. On page 25 the total value of technical assistance is listed as

$4 million, the ceiling for CLIN 002 as stated on page 5. Therefore, is the value of work under CLIN 002 actually $8 million ($4 million activity ceiling and $4 million for supplemental technical assistance)?

ANSWER: Please note that the activities listed on page 23 refer to CLIN 001 only. The total estimated cost for CLIN 002 is $4 million.

9. The items labelled “outputs” in the results framework on page 13 would be typically described as

“outcomes.” May the offeror modify this in an expanded results framework specific to the proposed project?

ANSWER: Yes. Please use monitoring and evaluation best practices to develop a project-specific results framework.

10. Could the Mission please provide a copy of the Transparency activity midterm evaluation referenced on page 14?

ANSWER: Yes, this is included as an attachment to this amendment 01.

11. Page 16: Ethics commissions; since these have been set up in 90 percent of GOES entities, is the project expected to assist all of them? If not, how many (and how many municipal commissions) is the project is expected to assist?

ANSWER: For the number of ethics commissions to be directly assisted within central government institutions, please see section C, page 19, expected results. For the number of ethics commissions to be directly assisted at the municipal level, please see Section C, page 22, expected results.

12. Page 17: The expected results establish percentages of information officers and ethics commissions that are to be trained, but how many are the offeror expected to train, and are municipal commissions also counted?

ANSWER: The number of information officers and ethics commissions are in flux as many are still pending appointment. Offerors may use the existing number of municipalities and central government institutions as a base for estimation, but must consider that this number will be expanded over time.

Yes, municipal commissions are also counted in the percentages.

13. In reference to the above question, what is the performance standard for “reaching” these entities with training, awareness, and materials?

ANSWER: The Performance standard is the increased ability of the regulatory agencies (i.e. Ethics

Tribunal, Institute of Access to Public Information) to provide continued training, awareness activities, and provision of materials to an expanding number of information offices and ethics commissions.

14. Final paragraph, page 16: The offeror is to support “coordination” between transparency regulatory agencies-does that refer to the Institute, the Tribunal and the commissions? Could the Mission clarify what form this coordination should take? Over which subjects?

ANSWER: The relevant regulatory agencies are Institute for Access to Public Information and the

Ethics Tribunal. Coordination among these and other government agencies mentioned in that paragraph should be stimulated to address overlaps across regulations and roles, and define cohesive anti-corruption strategies. Based on its expertise in this area, the offeror should propose potential forms of coordination.

15. Final paragraph, page 20: The RFP calls for a training program for GOES public employees. Does this apply to all GOES employees, or only those in the five institutions? What is to be covered in this training program? Please provide clarity on the performance standards.

ANSWER: The training program should be designed for all government employees and focused on elevating the general standards of public administration among new entrants and through continuing education.

16. Page 26 of the solicitation states that a lack of data on children with disabilities exists. The solicitation then states it recommends an improved collection of data, further stating that offerors must propose interventions to overcome this gap using information and transparency regulations. Is this a call for data collection or a call for a strategy to disseminate information to children of disabilities even though a lack of data exists?

ANSWER: Offerors must propose interventions using access to information and transparency regulations to improve collection of accurate statistical data on children with disabilities to monitor implementation of the Equality of Opportunity Act.

17. When will the mid-term performance evaluation take place? During the 3 year base year period?

ANSWER: USAID expects to carry out a mid-term evaluations during the third year of activity implementation.

18. Page 47 states that vehicles may be procured with a waiver. Given the scope of this project does the

Mission intend on granting such a waiver?

ANSWER: The language referred to is part of an AIDAR Clause and it only references that waivers may be granted under applicable regulations. Vehicles are restricted goods and if an offeror proposes a waiver, it must comply with specific criteria established in 22 CFR 228.

19. The first paragraph on page 139 states that the technical proposal must be in Times New Roman font, size

12. The last paragraph on the same page says Arial font, 11-point. Could the Mission please clarify which font/font size should be used, whether it should also be used in the cost proposal, and whether tables, callout boxes, and charts may be in a smaller size font?

ANSWER: Arial Font, 11-point size should be used for both, technical and cost proposal.

20. Page 139: Could the Mission clarify what the difference is between Annex D: Contractor and Major Sub-contractors Summary Past Performance Information” and “Annex G: Past Performance Information”?

ANSWER: Annex D is a summary table for past performance information for the prime and major sub-contractors. Annex G. is specifically related to the prime and is associated with the information required in Section L.8.(4) Contractor Performance Information and part of the evaluation criteria.

The information must be provided following a specific format. Please refer to paragraph 2. of this section, which states the following:

“2. For all contracts listed above that are not in CPARS, provide a list of contact names, job titles, mailing addresses, phone numbers, e-mail addresses, explanation of relevance to the proposed acquisition and a description of the performance to include:

• Scope of work or complexity/diversity of tasks,

• Primary location(s) of work,

• Term of performance,

• Dollar value, and

• Contract type, i.e., fixed-price, cost reimbursement, etc.

• point of contact information for the CO, COR, or Project Manager of the offeror’s two largest, most recently awarded Federal contracts or orders.”

21. Page 140 states that the technical proposal must include a “Cover Page/SF 33”; page 144 states that Part 1 of the cost proposal is SF 33. Could the Mission please clarify?

ANSWER: On page 140, the word “SF 33” is hereby DELETED. The SF 33 should be part of the cost proposal only.

22. The second paragraph on page 141 refers to a five page monitoring and evaluation plan and matrix. Are those five pages considered part of the 28-page technical approach, or is the five-page limit specific to Annex

B only?

ANSWER: The five pages monitoring and evaluation plan and matrix are part of the 28-page technical approach.

23. Page 142, section (4)(a)1. states that three to five past performance references are required. Is that a total amount for the prime offeror and subcontractors together, or should each entity submit three to five PPRs?

ANSWER: Each entity should submit three to five PPRs.

24. Page 150: Given that Section K is intended to apply specifically to US-based firms, does the requirement to fill it out extend to local subcontractors, even if they are major subcontractors?

ANSWER: Section K should be executed by US organizations only.

25. The budget format on pages 150-151 has a line item ‘Participant Training.’ However, the RFP does not call for that as a line item in the budget narrative. Should it be included?

ANSWER: Yes please.

26. Section I.7, page 107, states this will be an IDIQ contract. Section L.4, page 135, states the “government contemplates award of a Cost Plus Fixed Fee contract as a result of the solicitation.” We respectfully request that USAID modify or clarify this language to reflect Section B.2, page 3, which states that this is a

“combination award consisting of a Cost Reimbursement Completion (CLIN 002) and a single award IDIQ type contract (CLIN 002).”

ANSWER: Section I.7 on page 107 refers to the applicable FAR Clauses for CLIN 002 (IDIQ).

Section L.4 is amended to read as follows: “The Government contemplates a hybrid award consisting of a Cost Reimbursement Completion (CLIN 001) and a single award Indefinite Delivery/Indefinite

Quantity (IDIQ) type contract (CLIN 002) resulting from this solicitation.”

27. Section L.7(a), page 138, states a preference for the technical and cost volumes to be “submitted as a single email attachment.” However, many items will be signed and locked (including the cover page and cover letter) and others (such as Biodatas and signed letters of commitment) will be in PDF and not available as Word or Excel documents. Could USAID please confirm that it is acceptable to submit the volumes in separate PDFs, with attachments in Word comprising the technical sections for the Technical Volume and the unlocked Excel spreadsheets for the Cost Volume?

ANSWER: Offerors should follow the instructions provided in Section L.7, however, if offerors encounter difficulties in complying with the guidance, offerors should provide instructions on how the multiple documents fit together, especially sequential order of attachments in order to ensure that proposals were received in their entirety.

28. Section L.9 (xv), page 150, lists “Total Est. Cost Plus Fixed Fee” under the total cost line items for both

CLIN 0001 and CLIN 0002. Could USAID please correct this to reflect that CLIN 0002 is an IDIQ?

ANSWER: CLIN 0002 is an IDIQ and the proposed budget structure is appropriate for an IDIQ.

29. Section C.6, page 25 states that the Contractor will operate using CLIN 002 funds “upon written request from the USAID Contracting Officer Representative,” yet section H.27(a), page 66, states that “Only the

Contracting officer may issue Task Orders” under CLIN 002, and only following a proposal process. Could

USAID amend the language in Section C.6 to be consistent with the requirements presented in Section

H.27(a)?

ANSWER: Delete the word “Representative” from the third sentence of the paragraph entitled

“Supplemental Technical Assistance” in Section C.6 of the solicitation. Only the Contracting Officer is the authorized individual to issue task orders under CLIN 002.

30. Could USAID please provide access to any relevant project documents and deliverables of the previous

Transparency and Governance activity (2009-2015), if available?

ANSWER: We have uploaded the Final project evaluation in FBO with this Amendment 01.

31. Per Section F.2, p. 34, could USAID please provide offerors with an anticipated start date of the project?

ANSWER: Estimated start-up date is January/February 2016

32. According to the Section F.6, p. 35, the Draft M&E Plan is due within 45 days of contract award and the

Final M&E Plan is due within 30 days from receipt of COR’s comments on the draft. However, the narrative of the M&E plan, p. 37, states “The M&E Plan must be submitted to USAID for approval within 60 days of the award of the contract.” Could USAID please confirm the deadlines for both the draft and final M&E Plan?

ANSWER: The narrative on page 37 has been corrected and the following DELETED: “must be submitted to USAID for approval within 60 days of the award of the contract and”

33. In Section F.6, p. 35, USAID states that the Government Partners Counterpart Contribution Action Plans are due December 15 each year; however, on p. 38, USAID states it is due with each work plan, due October of each year. Could USAID please confirm the due date of Government Partners Counterpart Contribution

Action Plans?

ANSWER: The due date of Government Partners Counterpart Contribution is December 15.

34. Section F.6, p. 36 indicates that the final grants manual is due within 45 calendar days after receipt of comments from USAID on the draft. However, on p. 38, the RFP states that it must be finalized 90 days after effective date of contract. Could USAID please confirm the due date for the final grants manual?

ANSWER: The due date for the submission of the final grants manual is 90 calendar days after the effective date of the contract.

35. The second paragraph of Section H.22, p. 61: “official approval to manage ‘Grants under Contracts’ will be provided prior to award to the selected awardee. Additionally, explicit deliverables will be required when awarding these grants.” Could USAID please define the explicit deliverables required in relation to the grants-under-contract program?

ANSWER: The explicit deliverables will be defined prior to execution of the grant award.

In addition, Section H.22 is hereby amended to ADD the following paragraphs:

“The Contractor shall comply in all material respects with USAID’s Automated Directives System

(ADS) Chapter 303 (including mandatory and supplementary references) in awarding and administering grants, as well as the Code of Federal Regulations 2 CFR 200, Uniform

Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards and 2

CFR 700, USAID Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

In addition, the following requirements shall apply to the grants awarded by the Contractor under this contract:

a. USAID must be significantly involved in establishing selection criteria and must approve the recipients. Unless otherwise directed by the Contracting Officer, the COR shall have authority to approve the grant recipient selection.

b. Requirements which apply to USAID-executed grants shall also apply to grants executed by the

Contractor.

c. USAID retains the right to terminate the grant activity (activities) unilaterally in extraordinary circumstances.

d. The Contractor shall not execute or administer Cooperative Agreements on USAID’s behalf.

e. The Contractor shall close out all grants prior to the estimated completion date of this contract.

36. Would USAID consider providing offerors with a total estimated cost range for this contract?

ANSWER: The dollar range for this activity is between $20 million - $24.9 million, including the options years and the STA.

http://www.ecfr.gov/cgi-bin/text-idx?SID=1b472774f0a1e84d725c7ca14618e8ac&node=pt2.1.200&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=1b472774f0a1e84d725c7ca14618e8ac&node=pt2.1.200&rgn=div5

37. Section B.9, page 6, of the RFP states that “the fixed fee under this contract will be tied to the completion of the reports and deliverables specified in Section C and Section F of this contract and in accordance with approved Fee Schedule below.” However, Section B.4(c), page 4, states, “The fee set forth in B.4.a is based upon furnishing the level of effort specified in paragraph (c) above.” Based on these clauses, our understanding is that payment of fixed fee under CLIN 001 will be based on accomplishment of deliverables

(CPFF-Completion type contract) while the payment of fixed fee under CLIN 002 will be based on the proportion of level of effort delivered against the amount specified in Section B.4 (CPFF-Term type contract).

Can USAID please clarify how the payment of fixed fee will be administered under each CLIN?

ANSWER: Yes, CLIN 001 will be CPFF-Completion type and CLIN 002 will be CFPP-Term type.

38. In reference to section B.9, page 6, can USAID please confirm that offerors should budget for a separate amount of fixed fee for each CLIN?

ANSWER: Offerors must propose a fixed fee for each CLIN. Please note that for CLIN 002 offerors should take into account the total level of effort required for this CLIN.

39. Section H.8(a)1, p. 51: “the Contractor proposes salary or wages for an individual(s) that exceeds 3% of the individual’s current salary or wage…the cognizant Contracting Officer’s approval is required.” Similarly, Section H.8(d) states that “annual salary increase (of any kind: cost of living, merit, promotion increase, or any other type) of not more than 3% cumulatively or prorated for full time permanent employees may be granted.” Elsewhere, in Section L.9(c)(2), p. 145, USAID states that escalation rates cannot be more than 2%.

No matter the stated percentage, these limitations conflict with AIDAR 752.7007, incorporated in H.7(a), page 50, which states, “direct compensation of the Contractor’s personnel will be in accordance with the

Contractor’s established policies, procedures, and practices.” Would USAID consider leaving the exact percentage “TBD” and incorporating a rate consistent with the contractor’s established policies, procedures, and practices upon award?

ANSWER: Agreed. The paragraph is changed to TBD and will be finalized based on the contractor’s proposal.

40. Section L.9 (c)(2)(i.b), page 146, states “compensation, including merit or promotion increases paid to

TCNs and CCNs may not, without the approval of the mission director or the assistant administrator having program responsibility for the project, exceed the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID mission.” This provision seems to conflict with AIDAR 752.7007, incorporated in H.7(a), page 50: “direct compensation of the Contractor’s personnel will be in accordance with the Contractor’s established policies, procedures, and practices.” Would

USAID consider removing this salary provision, allowing contractors to negotiate and set salaries in a manner consistent with their established policies, procedures, and practices?

ANSWER: No, there isn’t a conflict between the AIDAR clause and the AIDAR section. The

AIDAR section 722.170 is applicable to TCNs and CCNs and allows USAID to assess the salaries of

CCNs and TCNs who may be proposed to perform comparable work than the work performed by the

USAID local workforce. On the other hand, AIDAR Clause 752.7007 refers to the Contractor’s personnel, normally its full time staff in the U.S.

41. Section L.9(c)(xi), p. 148 states that “No fee will be allowed for GUCs.” This appears to be 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.

Also, the statutory underpinnings of fixed fee at 10 USC 2306(d) and 41 USC 254(b) discuss fee definitions and limitations in terms of total estimated cost, which would include grants in this case. Given this, would

USAID reconsider its agency pre-negotiation fee objective of zero percent on grants, allowing offerors to charge a fee that considers GUCs as part of the total estimated cost of applicable task orders?

ANSWER: Agreed, offerors can propose a fee or not, depending on the risk associated.

42. Section L.9(c)(xiv), page 149, states “the offeror must propose costs for a total of 3,900 person-days equally distributed across all labor categories for each year of the five-year contract.” The labor categories in this section appear to be for four levels of technical experts, with no category for home office or project backstopping LOE. Could USAID please clarify how offerors should account for home office LOE required to support the supplemental technical assistance for the IDIQ CLIN?

ANSWER: Home Office support can be budgeted as part of the Other Direct Costs which is estimated at $1.8 million.

43. Section C.6: On page 17, the RFP lists as an expected result that “[t]he Institute is able to consolidate its role as the implementing institution of the access to public information law by reaching at least 50% of information officers with continuing training and awareness activities in the base period.” Can USAID verify that what is meant is 50% of information officers at the national – as opposed to municipal – GOES level?

ANSWER: The percentage includes national and municipal levels.

44. Section C.6: On page 22, under expected results for Objective 1.D, the RFP states that the project will work in 16 municipalities during the base period and seven additional municipalities during each option year.

Should offerors propose which municipalities the project will work in or will USAID supply a list upon award?

ANSWER: The offeror can propose municipalities, but USAID will make the final decision after award.

45. Section C.7: Key Personnel

a. Under the list of qualifications for Key Personnel, USAID requests that each hold “an appropriate advanced university degree”. Can USAID clarify what is meant by an "advanced degree" in the key personnel requirements? Can USAID please confirm that a master’s degree is preferred, but not required?

ANSWER: An advanced degree is a Master’s or Doctoral degree. A Master’s degree or higher is required for Key Personnel positions.

b. Notwithstanding USAID’s response to the prior question, will USAID consider additional years of experience in lieu of an “advanced university degree” for key personnel positions? Based on our experience, we believe that a requirement for an “advanced degree” may have the unintended consequence of eliminating otherwise fully qualified candidates who lack the degree but bring many years of relevant practical experience and technical knowledge. In our experience, these years of experience bring a critical degree of technical depth to project, and we note that USAID itself provides for this experience-for-education substitution in its’ own hiring practices. As such, we respectfully request that USAID allow additional years of experience in lieu of an advanced degree for key personnel positions.

ANSWER: Offerors may propose candidates for key personnel positions with an additional 10 years of experience in lieu of an advanced degree.

c. Regarding the Transparency Specialist/Civil Society Initiatives Coordinator, please clarify whether TCNs are required or preferred.

ANSWER: A TCN is preferred. Offerors should find the best candidates always.

46. L.7(i): The RFP states that the sections and annexes in the technical and cost proposals must be tabbed and listed in the table of contents. Given that the proposal submission will be electronic, will inclusion of each section and annex in the table of contents be satisfactory?

ANSWER: Yes.

47. May the offeror submit an Acrobat PDF file of the technical proposal in lieu of Word files?

48. May the offeror include a brief transmittal letter as a non-counting page?

49. Section L.8 (a). On page 139, the RFP states that Annex B is the Preliminary Monitoring and Evaluation

Plan, while in section L.8 (c), page 141, it indicates that the Preliminary Monitoring and Evaluation Plan should be 5 pages and included in the Technical Approach. Can USAID please confirm the M&E Plan should be included in the Annex only and does not have a page limit?

ANSWER: Annex D is hereby DELETED and the Preliminary monitoring and evaluation plan is part of the technical approach only.

50. L.8.c.(4)(d)(3)(B): In lieu of submitting all subcontracting reports that were not submitted to eSRS over the past two years -- which may be quite numerous -- may the offeror submit 5 or 10 of the most recent

SF294s?

51. Section L.9.x: On page 148 the RFP states "Time and Materials sub-contracts will not be allowed". We would like to note that Time and Materials and Labor Hour subcontract mechanisms are most appropriate for local organizations (who cannot be issued a CPFF subcontract because they do not have a NICRA) and allow the prime contractor to fully and substantively engage these and other partners, incentivizing performance toward meeting the project objectives. Without the ability to issue Time and Material and Labor Hour subcontracts partners become vendors interacting occasionally with the project in transactional relationships.

We respectfully request that USAID remove the language stating that Time and Materials or Labor Hour sub-contracts will not be allowed.

ANSWER: The last sentence “Time and Material sub-contracts will not be allowed” is hereby

DELETED.

52. Please confirm that SF-LLL Disclosure of Lobbying Activities on page 171 and Certification of Current

Cost or Pricing Data on page 173 should be included as part of the Cost Proposal.

ANSWER: Only SF-LLL Disclosure of Lobbying Activities should be part of the cost proposal.

53. Can USAID clarify if a major subcontractor is defined as one whose cost exceeds 20% of the combined

CLINs 1 and 2?

ANSWER: A major subcontract is defined as one whose costs exceed 20% of the total estimated cost of the contract-- that includes both CLINS.

54. Can USAID confirm if it will approve a 6 day work-week for short-term staff upon award of a contract?

ANSWER: Please propose what you need to complete the requirements of the contract and we will analyze each proposal and negotiate before award.

55. For budgeting purposes, can USAID please provide an estimated start date for the issuance of task orders under the IDIQ portion of the contract?

ANSWER: There is no estimated start date for the issuance of task orders, however, the selected contractor is expected to respond rapidly and perform required supplemental technical assistance without hindering performance under the completion portion of the contract.

56. Can USAID confirm whether the 3,900 days LOE figure for CLIN 2 is a target or a ceiling?

ANSWER: That is a ceiling.

57. On pp. 16-19, and 21-22, the RFP lists a number of activities to support national and sub-national governmental entities, including procurement of limited equipment, provision of technical assistance and training, exchanges, design of materials, and web-based tools. In addition to in-kind commodity grants and provision of technical assistance and training, does USAID anticipate the Contractor provide any other direct support to national and sub-national governmental entities?

ANSWER: We do not anticipate any financial transfers to national or sub-national government entities.

58. Page 25 - Concerning Supplemental Technical Assistance, the RFTOP specifies that assistance must be available within 21 days (technical) or 30 days (logistics). Given that Supplemental Technical Assistance is to be authorized through future contract modifications, would these response times be counted from the moment of a request, or the moment a contract modification is completed authorizing a response?

ANSWER: Timing starts once the task order/modification is signed by the Contracting Officer.

59. Page 25 - Supplemental Technical Assistance may include “sub-grants to critical program related to civil society activities” but the budget for CLIN 002 does not include sub-grants. Should Offerors set aside a portion of the CLIN 001 $3 million in Grants Under Contract for grants that may be issued as part of the

Supplemental Technical Assistance? If so, what amount should be set aside?

ANSWER: Grants under contracts is estimated at $3 million for the life of the activity. In the event that grants are required as part of CLIN 002, the funding set aside under CLIN 001 may be used for that purpose, if there is money still available.

60. Please clarify if the reports described in Section F.6.A, including bulleted monthly reports and semi-annual reports, should be submitted to USAID in English or Spanish.

ANSWER: All reports must be submitted in English. However, the COR may, upon written request to the contractor and on a case-by-case basis, require that reports be submitted in Spanish as well.

61. Page 140 of the RFP states that “information from annexes will be summarized in the narrative of the

Technical Proposal, as appropriate for the context of the narrative and as instructed below.” Should Offerors therefore provide a summary of Contractor Past Performance in the 7 page Personnel and Management Plan section?

ANSWER: No. Contractor’s past performance information must be submitted as part of Annex G. of the technical proposal. Offerors may provide a summary table as part of Annex G as well.

62. Page 141 instructs that Offerors should provide a 5 page “preliminary monitoring and evaluation plan and matrix” as part of the 28 page Technical Approach. Page 139 also indicates that Annex B should include the

“Preliminary Monitoring and Evaluation Plan.” Can Please clarify whether the preliminary 5 page M&E Plan should be included in the Technical Approach or in Annex B.

ANSWER: The preliminary 5 page M&E Plan should be included in the 28 page Technical

Approach.

63. For the T&AA M&E plan, please clarify whether Offerors should organize the results framework and indicators according to the goal, objectives, and components provided at the start of section C.6 (pp. 13-14), or whether they should follow the “Justice, Transparency and Accountability Project Results Framework” graphic provided on p. 13 on the RFP.

ANSWER: Please organize the results framework and indicators according to the goal, objectives, and components provided at the start of section C.6 (pp. 13-14), but clearly articulating how each component contributes to the broader sub-purposes and outputs included in the graphic results framework on page 13.

64. Pages 142-143 of the RFP provides clear instructions on the information to be submitted for Annex G

Past Performance Information. Can USAID provide guidance on what should be included in Annex D

Contractor and Major Sub-Contractors Summary Past Performance Information, listed on page 139? In addition, please clarify in which annex Offerors should submit past performance information in the form provided in RFP Attachment J.3.

ANSWER: Annex D is “summary table” for the prime and major sub-contractors’ past performance information. The information may be submitted as a table as follows:

Concise description of the project

Primary location of work

Term of

Performance

Dollar value Contract type Point of

Contact information

Attachment J.3 is only required if the past performance information for the prime organization is not available in the Government Past Performance System (CPARs) and should be part of Annex G.

65. Page 142 - Would USAID please clarify if the organizational chart is included in the Personnel and

Management Plan’s 7 page limit, or if it can be included as an annex?

ANSWER: The organizational chart is included in the Personnel and Management plan’s 7 page limit.

66. Page 142 requests that Offerors include a list of three to five most recent and relevant contracts for past performance. For offerors with relevant and recent experience that are USAID cooperative agreements rather than contracts, will USAID accept that cooperative agreements be included in the list?

ANSWER: Yes

67. The RFP requests that letters of commitment from key personnel should be submitted as part of technical

Annex C, as well as Part 8 of the cost proposal. Please confirm that the letters should appear in both places.

ANSWER: Letters of commitment from key personnel should be submitted as Part 8 of the cost proposal only. Also, exclusivity letters for local staff is not required.

68. The RFP request that a Preliminary Branding and Marking Plan be submitted as technical proposal

Annex E, as well as Part 10 of the cost proposal. Please confirm that the preliminary branding implementation plan and marking plans should appear in both places.

ANSWER: The preliminary branding and marking plan should be submitted as part 10 of the cost proposal only.

69. Part 8 of the cost proposal is to include letters of commitment from each major subcontractor. Would

USAID consider also allowing Offerors to include letters of commitment from subcontractors (major and non-major) and partners in a technical proposal annex?

ANSWER: Yes, Offerors can include letters of commitment from subcontractors (major and non-major) and partners in a technical proposal annex.

70. Can USAID please clarify the expectations of the contractor for the externally contracted mid-term performance evaluation and identify which, if any, expenses that the contractor should include in their budget for the mid-term evaluation?

ANSWER: Offerors do not need to include any expenses beyond typical project coordination for the mid-term evaluation.

71. Page 82 of the RFP references 52.229-8 which states that, “any tax or duty from which the United States

Government is exempt by agreement with the Government of El Salvador, or from which the Contractor or any subcontractor under this contract is exempt under the laws of El Salvador, shall not constitute an allowable cost under this contract.” Can USAID confirm to Offerors that the Transparency and Accountability

Activity is covered by an agreement between the US Government and GOES and, if so, can they provide

Offerors the language of that agreement?

ANSWER: The Transparency and Accountability Activity is exempt from any tax or duty per bilateral agreement between the Government of El Salvador and the United States, which states, among other aspects, the following:

“(a) General Exemption. The Agreement and the assistance thereunder are free from any taxes imposed under laws in effect in the territory of the Grantee.

(b) Except as provided otherwise in this provision, the General Exemption in subsection (a) applies to, but is not limited to (1) any activity, contract, grant or other implementing agreement financed by

USAID under this Agreement; (2) any transaction or supplies, equipment, materials, property or other goods (hereinafter collectively "goods") under (1) above; (3) any contractor, grantee, or other organization carrying out activities financed by USAID under this Agreement; (4) any employee of such organizations; and (5) any individual contractor or grantee carrying out activities financed by

USAID under this Agreement…”

72. In the written instructions for budgeting CLIN 002, pg 149 of the RFP states “The Government has specified 3,900 person-days of labor, to include subcontractor and short term consultants” however the budget template for CLIN 002 does not include a contractual line item. Can a contractual line item be added to the

CLIN 002 budget template?

ANSWER: Labor should be used for the proposed person-days. The budget narrative should describe how the total labor costs were developed.

73. The $3 million Grants Under Contract fund is intended to support local Salvadoran initiatives and institutions in line with the objectives of the program. Can a portion of the GUC fund be used for subcontracts so that the prime contractor has the flexibility to propose for USAID/El Salvador's approval the appropriate instrument for a GUC-funded sub-activity (i.e. sub-grant or subcontract) consistent with the criteria and guidance set out in the USAID-approved grants manual?

ANSWER: The $3 million GUC fund is for grants only.

74. Does USAID anticipate that a portion of the $3 million GUC fund be used for in-kind grants of equipment to national and sub-national government entities?

ANSWER: No. Equipment and other purchases on behalf of government entities will not be considered part of the GUC fund; rather the contractor may budget for these items under ODCs and directly transfer them through “actas de entrega.”

75. On page 9, the Partnership for Growth Initiative (PFG) is mentioned and that the transparency and accountability activity will contribute to it. The PFG is scheduled to end in 2015. Can you confirm and whether there will be a follow on for the PFG after 2015?

ANSWER: PFG is schedule to end in 2016. At this time, we cannot confirm whether there will be a follow on.

76. In addition to the Secretary for Citizen Participation, Transparency and Anti-corruption, the Institute of

Access to Public Information and the Government Ethics Tribunal, can you clarify if other GOES institutions listed in footnote 13 are also beneficiaries of this activity?

ANSWER: Footnote 13 only references an institution that appoints the members of the ethics tribunal.

77. In page 11, it says “At the municipal level, USAID/El Salvador currently supports crime prevention activities through various mechanisms and implementing partners in thirty five municipalities.” Can you provide a list of the 35 municipalities with the respective mechanisms and implementing partners?

ANSWER: A list of municipalities has been uploaded in FBO as part of this Amendment No. 1.

78. Section F.6.A states: “The Monitoring and Evaluation Plan developed by the contractor will respond to

USAID's Performance Management Plan (PMP) and Evaluation Plan for the CDCS’ Development Objective

1: Citizen Security in Targeted Areas Improved.” Can USAID provide a copy of the Mission’s PMP and evaluation plan or relevant sections related to Objective 1?

ANSWER: Unfortunately this document is still in development and we can’t distribute at this time.

79. On "expected results" for Objective 1.B (RFP pg 19) the RFP States:

Improved response to access to information law requests in at least three central government institutions during the base period (3 years).

o Option Period (two years): Improved procedures to respond to access to information requests in at least one additional central government institution per year.

Implementation of at least two transparency, accountability and/or anti-corruption mechanisms at each beneficiary institution during the base period (3 years).

o Option Period (two years): Implementation of two additional mechanisms per year at each beneficiary institution

With respect to the first expected result, the option period and base period results language differs. Should the base period be phrased as "improved response to access to information law requests" or "improved procedures to respond to access..."?

ANSWER: The option period result should read: “Improved response to access to information law requests …”

With respect to the second expected result: Does the term "beneficiary institution" refer to the three central government institutions selected for the base period, plus the two additional institutions selected in the option period?

80. On Page 25: Under point #1, the RFP notes that contractors must respond within 21 days for technical assistance and within 30 days for logistics support. Will USAID please confirm that these response times take effect once a task order has been issued under CLIN 002.

ANSWER: That is correct. Response time begins once a task order has been issued.

81. There is a discrepancy between L.4 (pg 135) and B.2 (p. 3) regarding contract type. The former says cost plus fixed fee and the latter says cost reimbursement completion and single award IDIQ. Will USAID please confirm that Section B.2 outlines the correct contract type envisioned for this award?

ANSWER: Section B.2 is correct. Also, please see response to question No. 26.

82. What is a difference between “US Salaries” and “US expatriate salaries” in the budget format table at the bottom of page 149?

ANSWER: U.S. salaries are normally “home office” personnel stationed in the U.S. On the other hand, US expatriate salaries are US personnel who will be assigned overseas, in this case stationed in

El Salvador.

83. How much detail in each line item should offerors budget for in CLIN 002, particularly with respect to

ODCs?

ANSWER: The budget narrative should explain how the offeror plans to invest the plug figure of $1.8 million and describe it accordingly.

84. On page 20 of the RFP, USAID notes that offerors cannot invest more than $600,000 for this outcome during the option years. Will USAID provide a maximum investment for this outcome during the base period?

ANSWER: No, we will eliminate the referenced maximum investment and allow offerors to budget according to their technical approach. Activities in the area of civil service reform are restricted, to some extent, by the absence of the new law. If and when the new law is passed, the needs will be substantial.

USAID will revise the expected results to clarify that, if the law passes, CLIN 001 may be used to initiate support, but a Supplemental Technical Assistance task order may also be issued to expand assistance.

Component C, Expected Results will be replaced with the following:

Civil service reform promoted through at least nine GOES-led advocacy actions implemented by the end of the base period.22 o Option Period (two years): Civil service reform promoted through at least three additional advocacy actions per year.

Civil service best practices (including merit-based recruitment, evaluation, and promotion) advanced by GOES in 3 government institutions during the base period.

o Option Period (two years): Civil service best practices (including merit-based recruitment, evaluation, and promotion) advanced by GOES in 1 additional government institution per year.

Training program for GOES public employees (including new entry and continuing education) designed and tested by the end of the base period.

If a new civil service law is approved, initial support provided for the creation of the new implementing agency or office assigned by the GOES, and internal procedures developed to implement the new law. Subsequent support for this eventuality may be supplemented by CLIN 002 upon USAID’s request.

Improved procedures to receive and submit complaints of violations to the ethics law to the

Government Ethics Tribunal in at least 3 government institutions during the base period (3 years).

o Option Period (two years): Improved procedures to respond to receive and submit complaints of violations to the ethics law in at least 1 additional government institution per year.

85. Will USAID please provide a plug figure for IT and equipment support envisioned for Public Information

Offices under Objective 1, Components B and D?

ANSWER: No. Each offeror must provide its best estimate based on the proposed technical approach.

87. RFP Section C.6 Scope of Work, Component D: Transparency and Professionalism at the Municipal

Level Increased, Page 21. Page 21 notes that through this activity USAID/El Salvador will work with a group of at least 30 municipalities, and asks offerors to propose a strategy for selecting target municipalities. Would

USAID/El Salvador provide a list of current municipalities receiving USAID support or assistance?

ANSWER: Yes, it is included as an attachment to this Amendment 01.

88. RFP Section B.2., Contract Type Page 3. Please confirm that USAID is contemplated awarding a cost plus fixed fee completion type contract under CLIN I, and is also contemplated awarding a single award IDIQ with task orders to be issued under CLIN II.

ANSWER: That is correct.

89. Can USAID provide a range for total estimated cost for CLIN I?

ANSWER: No.

90. Reference Attachment J.7 Certification of Current Cost or Pricing Data. FAR 15.403-1(c)(1), provides standards for exception to cost or pricing data when adequate competition satisfy the government requirements. Accordingly Cost or Pricing data is not required for this RFP. Please clarify.

ANSWER Attachment J.7 is hereby DELETED in its entirety.

91. Qualifications of Key Personnel, Transparency Specialist. Given the emphasis on recruiting a professional from the Latin America region for this position, would USAID consider changing the Geo code to 935 in order broaden the range of resources available for this position as well as ease limitations on the participation of other short term consultants to serve as trainers or to participate in conferences, given the emphasis to attract professionals from the Latin America region and to share the experiences of other countries not included in GEO Code 935, such as Mexico, Costa Rica, and Chile.

ANSWER In accordance with 22 CFR 228.16, the geographic code requirements do not apply to the employees of contractors, or individuals providing technical or professional services to the contractors, however, such individuals must not be citizens or lawful permanent residents of countries which are prohibited sources.