SOL-520-11-000011- Amendment 1 and Attachment 1.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

David Brown, Supervisory Regional Contracting Officer

This Amendment No. 1 to this RFP is hereby issued to make the following changes:

1. Attachment 1 to this RFP Amendment 1, includes a list of answers to several questions received by offerors to help in the preparation of proposals.

2. Section D.3 (B), third paragraph, delete main theme of “Let us take care of the caretakers, so that the caretakers can take care of us”.

-- See next page --

Regional Office of Acquisition and Assistance (ROAA) USAID/El Salvador 3450 San Salvador Place Washington, DC 20521-3450

N/A

Acquisition and Assistance Office USAID/Guatemala 3190 Guatemala Place Washington DC 20521-3190

N/A

N/A

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

CONTINUATION PAGE

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SOLICITATION/CONTRACT NO. ORDER NO. AMENDMENT NO.

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14. DESCRIPTION OF AMENDMENT/MODIFICA TION (CONTINUED)

3. Section L.7 (d) NOTE, modify as follows:

"The due date for receipt of proposals applies to electronic proposals only. The hard copies ofthe proposals should be delivered no later than 5 calendar days after the closing date for receipt of electronic proposals."

4. Section L.8, Sub-Section entitled "Narrative", second paragraph is modified to read as follows:

"Proposals will be evaluated based upon the following criteria in the three categories plus the cost component. Overall, technical factors are considered significantly more important than cost factors, with the technical factors listed in descending order of importance. The narrative section should be organized into the following sections: 1. Technical Approach; 2.

Management, Administration and Personnel; and 3) Past Performance Information. The Technical proposal shall, at a minimum, include the information identified below (in addition other requirements that have been outlined in other sections of this document). Detailed information should be presented only when required by specific instructions."

5. Section L.8.2.C Chief of Party, Work Experience, first bullet, modify as follows:

• 10 to 20 years of senior management experience with progressively increasing responsibilities managing large democracy and governance, security sector reform, rule of law or other politically sensitive and complex projects.

6. Section L.8.2.C Deputy Chief of Party, Education, modify as follows:

• Education: Master's degree preferred or 8 years of relevant experience, which will be considered equivalent to the

Master's degree.

7. Section L.8.3 shall be modified to add the following information:

"The Offeror must provide performance information from at least the previous three years of work in similar projects for itself and each majo. :ub-contractor, and sub-grantee expected to playa substantive role in implementing the Scope of Work ofthis project."

8. Section L.9 is deleted in its entirety and replaced with Attachment No.2 to this Modification.

All other terms and conditions of the RFP remain without change and in full force.

Attachment 1 Questions and Answers Attachment 2 Revised Section L.9 Attachment 3 PAVI Quarterly reports Attachment 4 Mission Order - VAT

-- END OF THIS AMENDMENT --

STANDARD FORM 3D (CONTINUATION)

Request for Proposal (RFP) No. SOL-520-11-000011 Security and Justice Sector Reform Project (SJSRP)

Amendment 1 Attachment 1

SECURITY AND JUSTICE SECTOR REFORM PROJECT

1. The final paragraph of page 18 of the RFP, Section C.3.1, LLR 3, subheading “Output indicator for all three LLRs as applicable” states that the contractor shall include an illustrative matrix of the type, length, and subject of training that the Contractor will provide for SJSI personnel under LLR 3. Can USAID please confirm that this matrix is to be submitted upon contract award?

Please include the illustrative matrix in an annex of the proposal.

2. We assume that the branding and marking implementation plan, draft monitoring and evaluation plan, project timeline, management organizational plan, and training matrix should be included as annexes to the technical proposal. Please confirm.

Yes, that is correct.

3. The RFP indicates that assistance to the Technical Secretariat of the National Security Council will be of a financial and administrative nature. Please clarify the type of assistance anticipated by USAID (e.g., payment of salaries, equipment, logistical support, etc.).

That means that the contractor would help strengthen administrative and financial systems of the NSC.

This may include equipment. The Offeror is not limited to providing only this type of assistance to the

NSC.

4. Please clarify if the contractor will be required to construct the anticipated Judicial Complex in Cobán, Alta Verapaz that is mentioned in Annex 9 to the RFP. If so, could USAID provide bidders with a plug-in figure for the estimated costs of this construction? If not, is USAID planning to assist in the construction, and could USAID provide information about the proposed time frame for the construction activities?

No, the contractor will not be required to construct the anticipated Judicial Complex in Coban. Once the land title is secured, USAID will conduct a full and open competition for local firms. USAID will also procure supervision services through an international firm to oversee the construction of the complex. Assistance through the SJSRP would potentially be related to training of justice sector operators in Alta Verapaz.

5. Please confirm that the Local Security Boards (Juntas Locales de Seguridad) are not included in the

RFP’s definition of “neighborhood associations.”

That is correct; the Local Security Boards were not included in the definition. USAID has a Crime Prevention Program that is working to strengthen Prevention Commissions.

6. Regarding the “Rapid Response Fund” referred to on page 5 of the RFP, are the $1,200,000 (base period) and $800,000 (option period) plug-in figures intended to include communications activities, as well (as suggested by the “Communications and Rapid Response Fund” mentioned on page 11 of the

RFP)?

No, activities related to communications or outreach should be budgeted for separately.

7. Could USAID provide more information about ongoing and proposed USAID-funded “Feed the Future” activities in the Western Highlands?

For information on the Guatemala Feed the Future Strategy please visit the following link:

http://www.usaid.gov/gt/docs/feed_future_mys.pdf

We have included a link with the Feed the Future Strategy for your review.

8. Does USAID have or expect to seek a waiver to undertake Police-related activities? What is the anticipated time frame for obtaining this waiver?

The Mission has notwithstanding authority (NWA) that is documented in a memo.

9. Reference Section H, page 39. Clause(b)(3), states the Contractor shall not procure any of the following goods or services under this contract – Commodities and services for support of police and other law enforcement activities. Can the Government please clarify what this entails?

For police assistance, we rely on the police training exceptions and NWA (notwithstanding authority) which are documented by the NWA memoranda.

See restricted/ineligible commodities below or refer to ADS 312.3.4. In addition, FAA 660 restricts any financial support to military and police.

We can provide training to police on subjects related to the program taking into consideration what other USG agencies and donors are doing.

312.3.4 Ineligible Commodities

Effective Date: 02/02/1988 Under USAID policies several types of commodities are generally ineligible for USAID financing. The policies are set forth in 312.3.41 through 312.3.4.7.

312.3.4.1 Military Equipment

Effective Date: 02/02/1988 USAID economic assistance funds shall not be used to finance any goods and services when the primary purpose of such assistance is to meet military requirements of the cooperating country. There is no exception to this policy.

1) Common Use Items - USAID funds can be used to finance common-use items that ultimately end up with the military if at the time of the sales there is no evidence that the items are destined for military use, but were permitted on an economic development or stabilization rationale.

2) Special Activities - Commodities that might be considered to be military equipment or supplies can be financed by USAID if they are to be used solely in USAID-approved special activities.

312.3.4.2 Surveillance Equipment

Effective Date: 02/02/1988 All types of surveillance equipment are ineligible for USAID financing. The ineligible items include equipment such as microphones, transmitters, listening devices, and recording devices of microminiature design, and components thereof. In rare instances, some of these devices will have a non-surveillance use in USAID programs. In such instances, it is the legitimacy of the purpose rather than the specific characteristics of the commodity that determines its eligibility.

312.3.4.3 Commodities and Services for Support of Police and Other Law Enforcement Activities Effective Date: 02/02/1988 USAID shall not finance, or authorize under Section 607 of the Foreign Assistance Act, the furnishing of commodities and services for the training, support, administration, or operation of any police or other law enforcement forces or for any program of internal intelligence or surveillance.

USAID may assist cooperating countries in selected, clearly defined law enforcement activities, not involving matters of internal security, in which the United States has a special interest, e.g., programs to control international narcotics traffic.

10. Would USAID please confirm that the M&E Plan is excluded from the page limitations?

Yes, it is excluded from the page limit.

11. The RFP cites the position of grants officer as a key position. Would USAID accept substituting a wider definition for this key position that includes qualifications that focus more broadly on coordinating work with civil society as well as overseeing the grants program?

Yes, USAID would accept a broader definition of the position as long as the person identified has previous experience managing grants.

12. With reference to pages 21 and 22 of the RFP, would USAID please clarify if the BIP and MP can be submitted as an annex to the technical proposal.

Yes, they can be submitted as an annex.

13. Reference Section C, page 14. The second indicator under Illustrative Indicators is: Percentage of time that high level officials (i.e. judges) spend on administrative details (should decrease). This is the first mention of judges in the RFP, please clarify.

Since LLR 2 is to establish conditions for the achievement of greater state capacity to provide security and justice for its citizens, USAID assumed that providing technical assistance to judges as judicial operators would be considered. The Offeror should also guide institutional strengthening efforts for the implementation of legislation of which judges would play a role. Under illustrative activities under sub

LLR 2.1 Improve performance, efficiency and accountability of SJSIs, the organismo judicial (OJ) is listed and there are references to training for justices of the peace and strengthening the judicial school.

14. Reference Section C, page 15. Second paragraph under LLR 2, Greater state capacity to provide security and justice for citizens, reference is made to section “C.3.3.” Please clarify if this should read “C.3.2”).

Correct reference is C.3.2 Follow-on Rule of Law Activities.

15. Reference Section C, page 15.The last bullet under Illustrative Activities with the Public Ministry (MP) calls for: Support restructuring of MP Public Attention Office (Spanish acronym OAP) for more effective case screening and distribution.

a. In this instance “OAP” is the acronym for the MP Public Attention Office. However in Attachment J.4, List of Acronyms, OAP is said to refer to Oficina de Atención Permanente - Office of Permanent Service. Please clarify.

The English translation is Public Attention Office and the Spanish translation is Oficina de Atención Permanente (OAP).

16. Reference Section C, page 16. The Illustrative Indicator at the bottom of the page states the following:

Number of sessions convened by the Congressional Security Affairs Commission as contemplated under article 33 of the Framework Law of the National Security System. This is the first mention in the RFP of working with the Congressional Security Affairs Commission. Will the winning contractor be expected to build capacity in the Commission? Please clarify the expectations relative to the Commission.

This is an illustrative indicator for an illustrative activity. It is up to the Offeror whether this should be included in the proposal.

17. Reference Section D, page 15. Given INL and other agencies provide direct criminal investigator training, can the Government please delineate what additional training programs are required. Is it expected that this training focus on management/administration or operational? Reference Section C.

To the extent that judicial reform is the subject of this RFP, is it anticipated that project activities should be directed at substantive training of judges (e.g. improved capacity to try complex cases or manage documentary evidence) or should/can judicial reform activities be limited to procedural and management reforms (e.g. court intake and docket management or case tracking mechanisms).

INL has the lead on criminal investigation, but USAID could provide assistance of an administrative/financial nature.

USAID did not intend that judicial reform activities be limited to procedural and management reforms.

Under the Follow-On Rule of Law Activities, USAID mentions continued support for prosecution of serious crimes. The improved capacity to try complex cases or manage documentary evidence would be critical to judicial reform activities.

18. Reference Section D, page 22. Branding Implementation Plan (BIP) and the Marking Plan (MP) indicates a main theme of, “Let us take care of the caretakers, so that the caretakers can take care of us,” and a sub-theme of “From the American People.” The former is specific to the SJSRP, while the latter is relative to any USAID program. Would the Government consider placing the theme (“Let us take care of the caretakers, so that the caretakers can take care of us.”) under the Cross Cutting Component rather than in the BIP/MP? Would the Government also consider placing the “Public Outreach” section on page 22 under the Cross Cutting Component?

Please excuse the mistake. The slogan, Let us take care of the caretakers so the caretakers can take care of us, is not related to the SJSRP. The SJSRP theme/slogan will be decided upon award. Please abide by ADS 320 branding and marking regulations.

The Offerors can include Public Outreach under a Cross Cutting Component if they desire.

19. Reference J-2 Attachment. Can the Government please provide a copy of the 2010 Security Sector Reform Assessment and the 2011 Democracy and Government Assessment mentioned in the attachment J-2?

The two reports are internal USG documents but the information that is needed for this award has been summarized in the background annex. Therefore, all firms have a level playing field and adequate information to develop the proposals.

20. Since the RFP places significant emphasis on project activities that build on that which already exists, reforms that have been completed, and new systems that have been developed and implemented, what is the best source for determining the Government’s view of the present status of previous development initiatives at the various SJSIs.

USAID will conduct an evaluation of previous rule of law efforts in the coming year, which will be shared with the awardee. In addition, USAID expects that during the proposal development phase, offerors will meet with relevant GOG officials to learn about what has worked/not worked. Finally, Offerors should review the five year MP and OJ plans as well as reports included in the Development Experience Clearinghouse.

21. In Section H.24 (B) Environmental Compliance and Reviews, the third paragraph states that an “original Initial Environmental Examination (IEE) LAC-IEE-04-31 and the most recent amendments LAC-IEE- 11-30 and LACC-IEE-11-57 have been approved for the Project funding this RFP.” Would USAID please provide this document and the two amendments?

Discussions related to environmental compliance will be addressed upon award.

22. To provide USAID the widest selection of candidates, please consider changing the education requirements for the DCOP from “Master’s Degree” to “Master’s Degree or equivalent years of experience.”

USAID will consider proposed DCOP’s without Master’s Degree if they have at least eight years of related experience and meet the other requirements of the job.

23. For the COP position, would USAID consider substituting “15-20 years of senior management experience” with fewer years of experience plus a relevant graduate degree?

The COP candidate should have at least 15 years of management experience that demonstrates increasing levels of responsibility. USAID would consider 10 - 20 years of “senior” management experience, which means they have managed staff and annual budgets of $USD 1 million. We will not accept a graduate degree in place of management experience.

24. Would USAID please provide a plug figure for anticipated procurements under component 1 and 2 and any other anticipated large-scale project procurements for beneficiary institutions to allow offerors to most realistically budget?

Procurement line item has to be consistent with technical proposal.

25. Does USAID contemplate multiple project offices operating outside of Guatemala City?

No, but USAID would assume project presence in select areas. This might entail a project coordinator or community mobilizer. The modality is left to the Offeror to propose.

26. Annual and quarterly reports from the PAVI project are not currently available on DEC per AIDAR

752.7005. Since these documents are critical for offerors to better understand the progress made by the PAVI project and the nature of follow on activities to be addressed by SJSR, can USAID kindly release the most recent annual and quarterly reports as soon as possible? USAID has provided the last three quarterly reports from PAVI and the Crime Prevention Program and will request that all reports be uploaded to DEC. Additionally, attached please find PAVI quarterly reports.

27. We are unable to find reports on the Crime Prevention Program and the Program Against Violence and Impunity on the Development Experience Clearinghouse. Would USAID be able to share with bidders documentation on this program? (p. 9)

USAID has provided the last three quarterly reports from PAVI and the Crime Prevention Program and will request that all reports be uploaded to DEC.

28. Page 11 of the RFP states that the 5 sub LLRs are necessary but insufficient to achieving the three LLRs.

Does USAID wish that offerors propose additional sub LLRs to complement the 5 provided by USAID?

No, however if the offeror believes there is something that USAID has not proposed that is essential to the program, the offeror is encouraged to propose it taking into consideration what other donors are supporting and the magnitude and limited resources of the program.

29. What are the expected parameters of LL3 Greater civil society oversight of public and private security and justice services? (Section C.3.1 Subsection LLR 3, pp. 17-20)

There are no established parameters. The offerors should propose their approach to meeting this LLR, taking into consideration the civil society actors that have been active in this area. Upon award, the contractor and USAID would agree to specific geographic areas.

30. What is the expected engagement for LL3 with the country’s substantial civil society/human rights/rule of law network, including such groups as GAM, CONAVIGUA? (Section C.3.1 Subsection LLR 3, pp.

17-20)

The offeror should propose the type of engagement based on the civil society organizations that are working in this area and what the offeror believes would make the most impact and would be sustainable after the life of the project.

31. What is the expected engagement for LL3 with the country’s public and private universities? (Section C.3.1 Subsection LLR 3, pp. 17-20)

The offeror should propose a wide range of partners not to exclude public and/or private universities taking into consideration the partners’ expertise and ability to leverage program funds and institutionalize efforts.

32. Reference H.12 pp. 41-2, does USAID have a preference as to the nationality of proposed key personnel?

We have no preference. However, the COP should be able to establish and maintain excellent relations with a wide range of actors with competing view points.

33. Reference C.2 “Scope” p. 9, please provide clarification as regards “support” and “discrete interventions” as defined in the following: “If appropriate, the SJSRP may be requested to support discrete interventions areas where USAID is implementing the Crime Prevention Project.”

For example, USAID might request that the SJSRP support efforts in neighborhoods in which the Crime Prevention Project works. An example might include working with the same neighborhoods but on a SJSRP objective – such as strengthening their knowledge on private security firms and factors for selection. This is not to say that the offeror shall include this is the proposal, but that there may be room for synergies between projects.

34. According to RFP p. 14, the required indicators, cumulative targets for ISO certification are 6 financial and accounting systems and 12 management/administrative systems (total for base and option periods).

Based on our deep understanding of Guatemalan security and justice institutions, we believe the required targets for number of systems achieving ISO 9000 certification will be highly unlikely for the SJSIs to achieve. Please clarify the intent of the required indicators.

If the Offeror does not believe that the target is realistic and provides information to this extent, USAID will consider lowering it to 4 and 8 respectively. The financial and accounting systems target of six was based on the number of institutions to include: the PM, OJ, NSC, MOG, INACIF, and IDPP. The quality management systems would be more focused on principles such as customer focus, leadership, decision making and could be applied at the sub-unit level. The main objective is to have quality management systems in place; offerors can also propose alternatives.

35. Please define key SJSIs? (pp. 13 and 14) SJSIs are defined in the background annex and include the Public Ministry, the Judicial Branch, the National Security Council, the National Forensics Institute, the Public Defense Institute, the Police Reform Commission, the Ministry of Government, the National Civil Police and other related public sector institutions that address security and justice, not to include the Ministry of Defense or the Prison System.

36. Can USAID provide a plug figure for IT procurement? (p. 14)

The Offeror should propose a number based on their technical approach and research.

37. What plug figure or guidelines should we use for extended security requirements, to cover costs beyond vehicles, labor for guard forces, security equipment and communications? (p. 103)

Each Offeror must determine that based on the proposed program.

38. In the RFP (C.3.2, p. 19), the contractor is asked to work with the National Security Council which includes an intelligence secretariat and the Ministry of Defense, bodies which typically may not receive assistance through USAID programs. Where are the limitations in the anticipated program, if any, with respect to working with the secretariat and Ministry of Defense as part of work to strengthen the National Security Council?

The technical assistance would be to the nascent NSC Secretariat, which includes a small and under-resourced staff. The NSC is a coordinating body that does include the MOD. Assistance would not be provided to any intelligence body or to the Ministry of Defense.

39. In working to strengthen the administration of and coordination between key SJSIs, the contractor may need to work with the Prison System. Where are the limitations in the anticipated program, if any, with respect to working with Prisons? (LLR 2, p. 16)

This type of assistance is substantially restricted under Foreign Assistance Act (FAA) Section 660.

40. Where can Offerors obtain more information about the Model Criminal Trial Court mentioned in Section C.3.2, p. 19?

Please see Attachment 3, which includes PAVI quarterly reports for information on the Model Criminal Trial Court. Offerors might also consider meeting with the Criminal Chamber of the Supreme Court to learn their perspective of this model.

41. Does USAID consider the 24-hour Court mentioned in Section C.3.2, p. 19 to be the Model Criminal Trial Court?

No, a 24-hour court is separate and there is an Annex that describes the 24 court model. (See SOL-520- 11-000011, Section J.1, Annex 7: Nuevo Modelo de Juzgado)

42. Please explain why the education requirement for the Deputy Chief of Party I s more stringent than the education requirement for the Chief of Party (p. 42).

It is expected that the COP will have considerable management experience. Please see response to Question 23 for additional clarification.

43. Regarding Sub LLR 1.2, Strengthen Financial Management Systems for SJSIs:

Does a financial management information system (FMIS) already exist in one of the SJSIs that should be propagated across other entities? Or is a new one to be defined and implemented? Is there a definition of how many entities / users will utilize the system, as this has big impact on efforts to implement, hardware/software to purchase, etc.

This is information the Offeror shall provide in the proposal.

44. Regarding B.4 “Sub-awards” line items. Is this the same as the “sub-grants” noted under Sub LLR 3.1?

Do the B.4 “sub-awards” pertain to any other area of the RFP?

USAID expects that there will be both sub-grants and sub-contracts. Sub-awards would include both and the Offerors shall detail the types of sub-grants and sub-contracts they propose under each of the LLRs and sub LLRs.

45. Under section C.3.2 could you further define what is intended for “Support to the Prosecutor’s Office of

Crimes Against Life”. That is vague, and so difficult to respond to.

The Offerors might look at the PAVI reports and other ROL programs prior to PAVI for more information on this or speak to members within the Public Ministry.

46. Section C.3.2 notes there will be “a specific focus on police reform”, but then sub-bullets on pages 19-

20 address primarily non-police functions. We assume we are to respond to the specific (primarily non-police) bullet points, and be able to illustrate police qualifications as well that USAID may also choose to draw upon. Is that a fair understanding?

USAID expects to support strategic planning, training and technical assistance for police reform efforts.

The awardee will not be expected to work on operational or tactical matters that are being supported by other donors and USG agencies such as NAS. The focus provided in this scope is on the professionalization/dignificación of the police. USAID can provide training to the police and does so under the Crime Prevention Project; however, most of the support envisioned would be to help the Police Reform Commission to develop plans or protocols with corresponding budgets and implementation plans. The project could also provide technical assistance in the implementation of the police reform process as it relates to public administration and institutional strengthening.

47. On Page 45, Section H.21 PERSONAL COMPENSATION, (a)(1) Limitations—It is written that “…Nor may any individual salary or wage…exceed the employee’s current salary or wage, or the highest rate of annual salary or wage received during any full year of the immediately preceding three (3) years.”

Historically USAID has permitted a small increase in the salary when an individual is newly hired by the contractor. Given that USAID contracts do not represent a “permanent” job opportunity, the denial of the offer of any salary increase for a newly hired employee offers little incentive for a currently employed individual to change employers.

We are requesting that Section H.21(a)(1) be restated to permit a reasonable salary increase for newly hired employees, subject to the approval of the Contracting Officer.

Although the referred paragraph includes limitations for approval of salaries or wages for individuals to be proposed under the contract, it does give the Contracting Officer the right to approve higher salaries if properly justified by the offeror. Offerors should then carefully analyze the proposed salaries ensuring that proposed salaries comply with the contractor's established policy and practice (established pay scale for equivalent classifications of employees) and in few specific cases, offerors may choose to justify in detail any salary increase that exceeds the limitations of paragraph H.21 (a) of this RFP package for consideration and approval of the Contracting Officer. However, please be aware that effective Presidents Obama’s Administration, a salary freeze for 2 years for US Government salaries including local national salaries has been issued. Because U. S. government salaries are used as a competitor to the Local Compensation Plan, salaries increases may make an offeror’s proposals not competitive. Please bear in mind this is a competitive process and cost is a factor.

48. On page 46, Section H.21 PERSONNEL COMPENSATION, (g)(2) Overseas Employee--Does the Mission have a standing waiver for payment to TCNs in US Dollars? Payment to TCNs in local currency is problematic given that in current times, most TCNs obtain accounts in their home countries for US$ deposits. Payment to third country banks in local currency is almost impossible. In addition, it is expensive for the employee to obtain a local bank account, receive payment in local currency and convert that currency to send to his/her home country.

If the mission does not have a standing waiver for payment to TCNs in US$, may we request one with the submission of the proposal?

USAID/Guatemala does not have a standing waiver for payment to TCNs in US Dollars. Offerors shall request it with the submission of proposals if necessary. Such waivers will be scrutinized by the Contracts and Legal Offices.

Please also note that based on Section L.9.(b)(2)(A) of the RFP package, AIDAR 722.170 also prohibits payment of salaries to TCN's above the prevailing compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission. Therefore, in the event the offeror wants to propose salaries for TCN's above the prevailing compensation for comparable work in the Guatemala, this should also be properly justified in the request for waiver.

49. On page 99, Section L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL, 5) Cost—It is written that “Each cost proposal will be evaluated…” Is part of the cost proposal to be included with the technical proposal?

Per Section L.7. (c) of the RFP Package, Technical and Cost/Business Proposals must be kept separate from each other. Technical Proposals must not make reference to pricing data in order that the technical evaluation may be made strictly on the basis of technical merit.

50. Is there a website from where I can download Guatemala's Codigo Procesal Penal?

The Guatemala Codigo Procesal Penal can be located on the Guatemalan Congress Web page (official site): http://www.congreso.gob.gt/index.php must look for Decreto 51-92 and it is important to highlight that this Decreto has been reformed through Decretos 32-96, 79-97, 18-2010 and most recently 7-2011.

Additionally, you can buy a copy of the Codigo Procesal Penal with all its reforms at the following web site from Artemis Edinter or sophos:

http://www.fygeditores.com/emails/cpp/14/codigoprocesalpenal14info.htm

51. Can you provide an estimated timeline for making this award?

Target award month is June 2012

52. On page 93, RFP Section L.7 (a) states that electronic submissions shall not exceed 10 MB; however, Section L.7 (e) on page 94 states that electronic submissions cannot exceed 3 attachments of up to 2 MB each. Could you please confirm the acceptable maximum file size for email attachments?

Electronic submissions shall not exceed 10 MB (as a whole for all e-mails sent) and shall not be zipped files.

Each e-mail shall not contain more than 3 attachments.

53. At the top of page 94, Section L.7 Delivery Instructions (d) Number of hard copies, states that "hard copies of the proposals should be delivered no later than 5 days after the closing date for receipt of electronic proposals." Can you please confirm that hard copies are due 5 business days after the closing date for receipt of electronic proposals?

Hard copies of the proposals should be delivered no later than 5 calendar days after the closing date for receipt of electronic proposals.

54. On Page 106, Section L.9 Instruction for Preparation of the Cost Business proposal, (e) Part 5 Subcontractor

Plan, requires that offerors propose minimum 1% goals for each of the categories of Small Businesses, including "veteran owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business." Since these represent five different categories of businesses, offerors would be required to identify up to five different US Small Businesses for performance under this contract. This would have the effect of diminishing opportunities for subcontracting with local organizations, which would seem to be contrary to the goal of increasing local capacity, as well as being less cost efficient. Would USAID therefore consider eliminating the requirement for subcontracting with US Small Businesses, or alternately consider changing the requirement to one overall minimum goal of 5% for any/all categories of Small Businesses combined

USAID values the inclusion of small businesses and understands that finding the balance between local partners and US Small Business is challenging. The 5% small business goal can be met be any combination of the US small business categories.

55. To assist USAID during the proposal review process, we respectfully request that USAID allow inclusion of an acronym list in the technical proposal, not to be counted toward the proposal page limit.

USAID confirms that an acronym list shall be included as part of the technical proposal and that it should not be counted towards the technical proposal page limit

56. On page 93 of the RFP, the maximum file size stated for electronic submission is 10MB, while on page 94 a limit of 2MB is stated. What is the correct limit for the file size and number of attachments for the electronic submission?

See Response to Question No. 52 above.

57. Page 40 of the RFP notes that “allowances and payment in US dollars for TCNs are not approved.” Would

USAID please confirm that upon award, contractors may submit a request for mission director approval for TCN allowances and payment in US dollars?

USAID confirms that upon award, selected contractor may submit a request for Mission Director’s approval for TCN allowances, payment in US Dollars and above the USAID Mission Local Compensation Plan.

However bear in mind this is a competitive process and cost is a factor.

58. Would USAID please clarify if contractors are required to submit the Key Individual Certification per ADS

206.3.10 as part of the proposal or if this is only required upon award? If required as part of the proposal, would USAID please confirm it may be submitted as part of the technical annexes?

Offerors must submit a signed copy of the Key Individual Certification required by ADS 206.3.10 as part of its proposal. These certifications must be part of the technical annexes.

59. Would USAID please confirm that RFP Section K Certs/Reps do not need to be completed if the contractor has completed the Online Certifications and Representations Application prior to submission of proposals?

If the offeror has completed the annual representations and certifications electronically via the ORCA website, the offeror shall follow the instructions in Section K, specifically FAR Clause 52.204-8(d).

60. Page 93 of the RFP states that electronic submission files must not exceed 10MB; however, page 94 states that “internet email with up to 3 attachments with 2MB per email” are required. Would USAID please clarify the maximum size limit of individual email submissions?

See response to Question No.52 above.

61. On page 95, the RFP states that "proposals will be evaluated based upon the following criteria in the four categories". The following passage then lists only three categories. Can USAID please confirm that there are three evaluation categories?

USAID confirms that proposals will be evaluated based upon three categories plus the cost component.

Therefore, Section L.8, Sub-Section entitled “Narrative”, second paragraph is modified to read as follows:

“Proposals will be evaluated based upon the following criteria in the three categories plus the cost component. Overall, technical factors are considered significantly more important than cost factors, with the technical factors listed in descending order of importance. The narrative section should be organized into the following sections: 1. Technical Approach; 2. Management, Administration and Personnel; and 3) Past Performance Information. The Technical proposal shall, at a minimum, include the information identified below (in addition other requirements that have been outlined in other sections of this document).

Detailed information should be presented only when required by specific instructions.”

62. Reference Paragraph B.2, page 4 and FAR 52.216-1, Type of Contract. The contract type is stated as being

CPFF “completion”. Is it correct to assume that Government acceptance of the contractor’s service will be based on costs being allowable, plus delivery of the level of effort (“person-days”) to be proposed in response to Section L (page 105)?

The resulting contract WILL NOT be a Cost Plus Fixed Fee/Level of Effort Contract. The resulting contract will be a Cost Plus Fixed Fee “Completion “ Contract. In accordance with FAR Part 16, “This form of contract normally requires the contractor to complete and deliver the specified end product (e.g., a final report of research accomplishing the goal or target) within the estimated cost, if possible, as a condition for payment of the entire fixed fee.”

However, the information required in Page 105 for a persons/days table is required to perform an adequate cost analysis of the cost proposals submitted in response to this RFP.

USAID is also taking advantage to correct a mistake in the chronological order of Section L.9 Section (b) entitled “Part 2-Proposed Costs/Prices”. Therefore, this section is replaced in its entirety with Attachment No. 2 to this Amendment No. 1 of the RFP.

63. Reference Paragraph B.3 and Section L (page 104). Is it correct to assume that the contractor is not limited in the amount of fee proposed on any of the cost elements for the base or option years as long as the bottom line fee amount does not exceed 10% of the total estimated cost?

Offerors are limited to the regulation on profit included in FAR 15.404-4 “Profit” when proposing its profit for both the base and the option period. Keep in mind that this is a competitive process and although 10% of profit would be in accordance with the FAR, it would not be competitive.

64. Reference FAR 52.216-8, Fixed Fee. Is it correct to assume that the contractor will be allowed to bill the proportional amount of fixed fee each billing period along with allowable incurred costs, not to exceed the cumulative amounts discussed in the referenced clause?

Yes, contractor will be allowed to bill the proportional amount of fixed fee each billing period along with allowable incurred costs. However, please refer to FAR 52.216-8 Fixed Fee regarding withholding of percentages of total fixed fee that would apply to the resulting contract.

65. Reference FAR 52.216-8, Fixed Fee. Is it correct to assume that any of the fixed fee not billed during the base year will be billable at the end of the base year, and the same question for the end of the option period?

Fixed fee is a negotiated fixed amount to be paid in full as per FAR 52.216, subject however to the withholdings mentioned in this same FAR Section.

66. Reference Paragraph B.5, page 6. Pending establishment of final indirect rates, is it correct to assume that the two sets of indirect rates proposed for B.5 can be the same rate, or does the Government require development of separate rates, one to be applied to major subcontractor costs, and the other to be applied to all other ODCs - other direct costs (including subcontracts, sub-awards, rapid response fund, and grants under $1M)?

The two sets of Indirect Cost Rates included under Section B.5 of the RFP must be in accordance with the Negotiated Indirect Cost Rate Agreements (NICRA) for both U.S. firms/organizations prime contractors and sub-contractors. We understand that NICRA’s are unique for each U.S. organization, so we expect these to be different for each other. In the event that a proposed sub-contractor is a local firm/organization, we understand that local organizations do not have a NICRA negotiated with the U.S. government, so indirect costs rates for these organizations shall be directly billed.

67. Reference Section G, page 28. The contractor’s final report is due to the Government 60 days after the contract performance period ends. Is it correct to assume that costs incurred during this 60 day period in support of the final report are allowable (if otherwise reasonable and allocable)?

Typically costs related to the development of the final report are usually recovered under the last Indirect Cost Rate charged to the project in the last voucher, which is usually within the period of the contract.

68. Reference H-12, page 41. Is it correct to assume that the statements signed by all individuals proposed as key personnel required to be included with the proposal do not count towards any page limitations?

See response to Question No. 58 above.

69. Reference Paragraph L.9, page 100. Will the Government share any information it has on value added taxes and respective exemptions in Guatemala?

See Attachment No. 4 which contains information regarding Value Added Taxes and respective exemptions for USAID Guatemala Projects.

70. Reference to Paragraph D.3, page 21. The reference requires the contractor to submit a Branding

Implementation Plan and a Marketing Plan “as part of the offeror’s response to the solicitation”. Is it correct to assume that these two plans will not count towards any proposal page count? What part will these plans play in the proposal evaluation?

The Branding and Marking Plans will not count towards any proposal page count referred to in Section L.8 but these shall be included as attachments to the Technical Proposal.

71. Reference Section G.5, page 35. The “note” indicates that the base period (3 years) and the option period (2 years) will be incrementally funded annually subject to, in part, acceptable performance. Is it correct to assume that if the Government receives this incremental funding but decides not to fund an annual increment within the base period or option period because of performance issues, that this action will constitute a termination under the terminations clause in Section I?

Reasons regarding whether or not incremental funding actions will be processed may vary. Pipeline issues may also affect the decision on whether incremental funding actions can be authorized. In the event non-performance issues arise under the resulting contract, the Contracting Officer will discussed these issues with the resulting contractor and will advise in advance whether a termination of the contract is required.

72. Reference Section F, page 29. The proposal identifies FAR 52.245-5, pursuant to FAR (Jun 2007), the FAR clause was deleted and combined all Government Property clause into FAR 52.245-1, -2 and -9. Please specify the applicable FAR Clauses.

The correct applicable FAR Property Clause is FAR 52.245-1, as specified in Section I of the RFP.

73. In the paragraph on positioning in section D – Packaging and Marking, the RFP states, “Offerors shall also develop a project sub-brand…” USAID/Washington Legislative and Public Affairs bureau has advised implementing partners that program sub-brands for projects are no longer allowed. Please clarify

USAID Guatemala is following the ADS 320 regulations. The offeror shall propose how it would use the official US identify and in what moments the offeror would propose to use the USAID/Guatemala country sub-brand.

74. On page 95, the RFP mentions that past performance report (PPR) forms are not included in the page limit, but the “Past Performance” sections in L and M do not specifically ask for PPRs. Would USAID please clarify if PPR forms should be submitted and, if they are required, how many we should submit?

Section L.8.3 is being modified to add the following information:

“The Offeror must provide performance information from at least the previous three years of work in similar projects for itself and each major sub-contractor, and sub-grantee expected to play a substantive role in implementing the Scope of Work of this project.”

75. Pages 93 and 94 of the RFP list different megabyte limits for electronic submission emails: 10 MB and 2 MB, respectively. Please clarify electronic submission size limits.

See response to Question No. 52 above.

76. Section L.9(B)(3), LOE table, page 105, requests total LOE for each labor category. Where should the LOE for subcontractors and consultants be presented? If in the same table, do you wish subcontract and consultant labor to be presented on separate lines to distinguish them from employee labor?

The LOE for subcontractors must be presented as detailed below:

Base Period Option Period Cost Element: Total Amount Total Amount TOTAL LABOR Prime Contractor $_________ $_____ Labor (US Salaries) $___________ $__________ Labor (CCN Professionals) $___________ $__________ Labor (CCN Administrative) $___________ $__________ Labor (TCN salaries) $___________ $__________ TOTAL LABOR Sub-Contractors $_________ $_____ Labor (US Salaries) $___________ $__________ Labor (CCN Professionals) $___________ $__________ Labor (CCN Administrative) $___________ $__________ Labor (TCN salaries) $___________ $__________ Fringe Benefits $________ $_____ Procurement $________ $_____ Equipment and Supplies $________ $_____ Communications $________ $_____ Subcontracts/Consultants $________ $_____ Allowances $________ $_____ Other…