Response to Questions to RFP.pdf

Questions and Answers

RFP‐SOL‐527‐12‐000010

Promoting Justice and Integrity in Public Administration June 5, 2012

1. Page L-4, section L.6 lists the pages excluded from the page limitation on the Technical Proposal. Is the cover page of the technical proposal excluded from the page limitation?

The cover letter and cover page are excluded from the page limitation. The RFP has been amended accordingly.

2. On Page L-6, the Management Plan is stated to include an illustrative Work Plan and an

Operations Plan. On Page L-4, Annexes C and L are said to be the Work Plan and Operations plan, respectively. Can USAID please clarify its desired location for the Work Plan and for the Operations Plan?

The Draft Initial Work Plan will be placed in Annex C. The Operations Plan will be placed in Annex L.

3. On Page L-7, Section L.6 (c) (1) (IV) (d) mentions the past performance using small businesses as part of the Institutional Past Performance. This section is typically an annex.

Can USAID please clarify if the Past Performance Using Small Business concerns should be an annex?

Past Performance Using Small Business will be placed in the Annex I. The RFP has been amended to accordingly.

4. On page L-12, section L.7 (C) (2) (A), can offerors propose a salary scale for LTTA professional staff or must named candidates and corresponding salaries be proposed for all positions listed in the cost proposal?

The Offeror will submit for each LTTA position: a certified Salary Range, the responsibilities associated with the position, along with the minimum criteria. It is not necessary to submit named candidates for non-Key Personnel LTTA positions.

5. On page L-12, section L.7 (C) (2) (E) (i), should the procurement plan be included in the cost proposal or as part of annex L of the technical proposal? If in the cost proposal, should it be included in the budget narrative or as a separate annex to the cost proposal?

The Procurement Plan will be included as an annex to the Cost Proposal.

6. The Branding Implementation Plan (BIP) is listed both as an annex to the technical proposal

(page L-4) and as an annex to the cost proposal (page L-15), please clarify in which proposal the BIP should be included.

The BIP will be placed in the ANNEX J to the Technical Proposal. Please review the guidelines listed on L-15 and the Template provided in Attachment J.6.

7. On page L-15 guidelines for the development of the Branding Implementation Plan are outlined under the Cost Proposal instructions. Could USAID clarify whether the BIP should be prepared according to these guidelines or using the matrix included in attachment J-6?

THE BIP will respond to the guidelines listed on L-15 and L-16. The BIP will also include the completed Matrix and any request for exceptions.

8. On Page L-4, Annex I is the SF-294 Form, which is typically a cost annex. Should it be included in the technical annexes or the cost annexes?

The SF 294 will be placed in ANNEX I of the Technical Proposal. The RFP has been amended and renamed this annex, Past Performance Using Small Business Concerns.

9. The last page of attachment J-1 refers to a CWBS and a CDRL. These acronyms are not defined in the acronym list included in the RFP. Could USAID specify to what these acronyms refer?

These acronyms have been removed. This portion of the RFP has been amended for further clarity.

10. Attachment J-3 includes a past performance questionnaire. No mention of use of the past performance questionnaire is made in section L detailing instructions to offerors. Are offerors expected to have the past performance questionnaire completed for the projects listed in their past performance chart provided under Annex H?

The Past Performance Questionnaire is the required format to submit the information requested in L.6 (1) (IV) (2) (Institutional Past Performance, Contacts.) Complete the top of the Past Performance Questionnaire. These will be sent to the named contacts to obtain past performance.

11. On Page L-14, section L.7 (C) (4), Policies and Procedures, states, “The offeror should submit a copy of its personnel policies.” Does USAID require the submission of the policies and procedures of bidders who have previously implemented USAID-funded projects?

Should this section only contain the salary range matrix proposed for each professional position?

All offerors will submit a copy of its personnel policies as described on Page L-14, section L.7(C)(4), “Policies and Procedures.” In addition, all offerors will submit a salary matrix for each professional position.

12. The budget template provided by the RFP shows sections for the 3 CLINs or tasks. Is it acceptable for us to budget shared costs (such as the COP, Home Office support, etc) on a separate tab and then allocate these costs across the CLINs? If so, should we use the estimated percentage of effort indicated in Attachment J-1 as a guideline for allocating across the CLINs?

The shared costs of (COP, Home Office Support, etc) can be allocated by percentage applicable to the implementation of each CLIN. In the narrative, please provide sufficient information in the narrative to explain the basis of the costs and how it is calculated to each CLIN

13. The budget template provided by the RFP lists “Fixed Fee” as a sub line item under CLINs 001-003 and additionally names CLIN 004 – Fixed Fee. When summing the total for each CLIN 001-003, should we include the Fixed Fee line item, or should these totals be left out of CLINs 001-003 as they are aggregated in CLIN 004?

Each CLIN will include the proposed fixed fee associated with the completion of this CLIN. Total each CLIN with the proposed fixed fee. Also, include the total of all proposed fixed fees from all the CLINs in CLIN #4. However, calculate your total cost accordingly and do not add fixed fees twice.

14. The RFP cites that the first annual work plan is due 60 days after award on page F-2; while also citing that it is due 30 days after award on page F-4. Would USAID please clarify when the first annual work plan is due?

This is an error. This portion of the RFP on page, F-2, has been amended from 60 days to 30 days.

15. Would USAID please clarify if short-term CCNs, TCNs, and Expatriates are all eligible for a

6-day work week?

A short-term CCN, TCN, or Expatriate may be eligible for a six (6) day work week paid at regular wages.

16. Would USAID please clarify if the Branding Implementation/Marking Plan should be included as a technical annex or as part of the cost proposal? It is mentioned on the list of technical annexes on pages L-4 and L-10 and also cited as a part of the cost proposal on page L-15.

Additionally, in the cost section under section L, it also says “the BIP is a separate item and will not be scored.” Will USAID please confirm the BIP will not be scored if included as a technical annex?

The BIP will be placed in the ANNEX J to the Technical Proposal. It will be reviewed but not scored.

17. On page 8 of 12 of attachment J.1 of the RFP, Required Result 3.1 calls for civil society organizations to “generate increased public understanding of the criminal justice reform under the CPC,” and states that it is especially necessary that “citizens know their rights and options should they become a victim of a corrupt act… understanding how the system works will counteract some of the negative perceptions of the new system and its handling of corruption cases.” However, the “Additional Requirements and Considerations” state that “No mass communication campaigns may be undertaken with Project funds.” This requirement seems contradictory to the intent of the desired result. What specifically is meant by “mass communication campaigns”? Does this include social media?

Mass communication campaigns means campaigns carried out through commercial radio and television, which typically come at high cost. USAID/Peru will consider proposals that include communication campaigns using social media and other methods; however the Offeror must be able to show that they are well-targeted, reach the desired result, and have demonstrable impact. The cost of any such campaign will also be judged on its reasonableness within the scope of the overall project and its budget.

18. On page L-10, under section L.6 “Instructions for the Preparation of the Technical Proposal”, subheading “Annexes”, the instructions state that a Branding Implementation Plan be included as Annex J to the technical proposal. However, on page L-15 under Section L.7 “Instructions for the Preparation of the Cost/Business Proposal”, subheading C. “Content”, Subsection (11) “Part 11 – Branding and Marking”, the instructions request that the Branding Implementation Plan be included in the Cost proposal. Can you please confirm that the Branding Implementation Plan should be included as an Annex to the technical proposal?

The BIP (Branding and Implementation Plan) will be placed in the ANNEX J to the Technical Proposal. Please review the guidelines listed on L-15 and the Template provided in Attachment J.6.

19. On Page L-3, under Section L.5, Proposal Submission, it states: “Internet email and attachments … should be compatible with MS Word 2003 and unlocked Excel 2003 in a MS Windows XP operating environment.” Given that the Cost Proposal includes many scanned documents requiring signatures (e.g. Representations and Certifications, biodata forms, NICRAs, Letters of Commitment, etc.), would it be acceptable to submit the full Cost Proposal in PDF, provided of course that the budget is submitted in an unlocked Excel format and the Budget Narrative provided in MS Word?

Yes, it is acceptable to submit the entire Cost Proposal as a PDF along with the Budget in unlocked Excel (2003 or higher) and budget narrative in Word (2003 or higher)

20. Page L-3 (69) of the RFP under L.6 INSTRUCTIONS FOR THE PREPARATION OF THE

TECHNICAL PROPOSAL states “The page length for the technical approach must not exceed eighteen (18) pages and the length of the entire Technical Proposal should not exceed twenty-five (25) pages exclusive of Annexes and other pages not subject to a page limitation as specified in (b) below.” However page L-4 (70) states “The written Technical Proposal is limited to eighteen (18) pages and must be written in English. USAID will not evaluate information submitted above this page limit.” Can USAID please confirm that the Technical Proposal should not exceed twenty-five (25) pages and the technical approach must not exceed eighteen (18) pages, as stated on page L-3 of the RFP?

The Technical Proposal should not exceed twenty-five (25) pages and within it the Technical Approach must not exceed eighteen (18) pages.

21. To more appropriately draft the Scope of Work in line with USAID/Peru’s CDCS or other strategy; could USAID provide a copy of the USAID Peru Mission/Country Strategy?

The current strategy for Democracy programs in USAID/Peru is available to the public on the USAID/Peru website. Click on the following link http://www.usaid.gov/pe/downloads/democracy-english-february2011.pdf detailing the country strategy for Democracy. Offerors are encouraged to review the entire

USAID/Peru Strategy for each program or sector at the following http://www.usaid.gov/pe/

22. On page 2 of the cover page, the email subject field is misspelled “JUTICE” and

“INTEGREITY”. We assume that “Justice” and “Integrity” are accepted in the email subject lines. Is this correct?

This is a typographical error. Use “Justice” and “Integrity” in the subject line of your electronic submission.

23. Regarding section F.9, page F-6, could USAID indicate if it desires a specific number or professional make-up of personnel to be considered key personnel?

Per ADS 302.3.5.4.(a), the number of key personnel designated for any contract must not be more than five individuals or five percent of the contractor employees working under the contract, whichever is greater.

24. Regarding page H-4, section H.7, could USAID provide the local compensation plan so bidders can ensure our established salary ranges are within USAID’s plan?

The local compensation plan, and salary ranges there within, are based on competitive local rates and consistent with the local labor laws of Peru. Bidders are expected to perform market research and provide cost and salary estimates based on personnel being proposed for the project, consistent with current market rates. As noted in Section H.7, salaries for Locally Engaged Staff (LES) will not exceed The US Embassy’s Peruvian maximum Local Compensation Plan which as of April 2012 is 301,918.12 Peruvian Soles per year.

25. Regarding page H-4, section H.7 (a) (1), could USAID confirm that salary ranges will be based on “market value of the position” (line 2) or on the salary history or the qualifications of the candidate selected? Will the proposed salary rates be based on final negotiations after establishment of salary ranges?

Implementers are required to ensure cost containment within the budget that is negotiated when hiring staff. This should be based on the hiring practices as outlined in the offeror’s Personnel Policies. At a minimum, the offer must demonstrate that the salary ranges offered are based on the market value of the position within the host country. Once a range is determined, the actual salary negotiated would then be based on the salary history of the individual.

26. Page H-14, section H.24 requires environment reviews to be included in the annual project work plan. Could USAID clarify whether facility upgrades requiring environmental impact determinations are anticipated under this project?

USAID/Peru advises bidders to review the environmental compliance standards of 22 CFR 216 and ADS Chapter 204 to understand environmental impact determinations and environmental reviews. As proposals under this solicitation will vary in scope, each bidder will have to make an educated determination as to whether the activities outlined in their SOW would require environmental reviews in their annual project work plans.

27. Page L-3, section L.5 requires submission in MS Excel 2003 while page L-11, section L.7 (B) requires submission in MS Excel 2010. Please clarify which version of MS Excel shall be used.

MS Excel 2003 or higher may be used.

28. Page L-3, section L.5 requires submission in MS Word 2003. Some documents will only be able to be submitted in PDF or as picture files, such as scanned biodata forms and letters of commitment. Is PDF an acceptable file format for submission?

Adobe Acrobat portable document format (.pdf) is acceptable form of submission of reproduced documents such as Biodata Forms, letters of commitment, etc.

29. Page L-4, section L.6 calls for a Statement of Work as Annex A to the Technical Proposal.

USAID has a number of different outlines and formats for Scopes of Work. Does USAID have a preferred format or outline for the Statement of Work to be submitted as Annex A?

USAID/Peru does not have a preferred format for this solicitation.

30. Page L-4, section L.6 lists the Institutional Past Performance as a section in the Technical

Proposal, and section L.6 (c) (1) (IV) Institutional Past Performance lists the section as an annex. Should bidders include the Institutional Past Performance as an annex or in the body of the Technical Proposal? In addition, the Annex list at the top of page L-4 lists a Past Performance Chart as Annex H. Is this the same as the Past Performance Section?

All past performance information requested in Section L.6(c)(1)(IV) will be placed in Annex H, “Institutional Past Performance.” The RFP has been amended accordingly.

31. Page L-4, section L.6 states Annex K is the Corporate Capabilities Statements for Offeror and Subs. Is this section different from the Institutional Past Performance section required as a section of the Technical Proposal? Can USAID provide clarity to bidders as to the required contents of this Annex?

The Corporate Capabilities Statements for Offerors and Subs is placed in Annex K and it is separate from the Institutional Past Performance. In this Annex, describe the capacity to implement projects of similar size and scope to the proposed SOW, as well as the experience in the technical areas of the RFP

32. The list of annexes on page L-4 includes Annex G Staffing Pattern & Organizational

Chart. Is this section separate from the Personnel and Management Plan listed in the Technical Proposal as Section III? If yes, please clarify how bidders should differentiate it from the section in the Technical Proposal.

The Staffing Pattern & and Organizational Chart is a summary of each proposed personnel’s responsibilities, including a visual organizational chart which designates authority, relationships, and chain of command. The Personnel Plan will demonstrate the criteria stated on page L-5 through its proposed key personnel positions and candidates.

The Management Plan will demonstrate all the criteria listed in page L-6 thorough a combination of requested materials including the Work Plan, Operations Plan, the Corporate Capability Statement, etc.

33. Section L of the RFP asks offerors to structure the main body of their technical proposals as follows: “I. Executive Summary, II. Technical Approach, III. Personnel and Management Plan, and IV. Institutional Past Performance.” Section M, however, lists the major evaluation categories as “A. Understanding the Problem, Technical Approach, and Statement of Work;

B. Key Personnel and Staffing Plan; C. Management Plan and Past Performance.” Would USAID kindly clarify how it would like offerors to organize their proposals? Specifically, should the management plan be included in the personnel section, as Section L indicates, or in the past performance section, as Section M seems to suggest?

The technical proposal shall be organized as described in Section L. Multiple sections from the technical proposal and accompanying annexes will be evaluated in one or more evaluation categories. The Management Plan will be placed in Section III: Personnel and Management Plan. The criteria that the Offeror must demonstrate in its Management Plan are listed on p. L-6.

34. Section L.5 states that proposals are to be submitted on or before the date and time indicated on the cover page. The cover page states that all submissions are to be submitted by the designated date and time indicated in Block 9 of the Standard Form 33. The cover page indicates that the closing time is 17:00 Eastern Standard Time while Block 9 of SF 33 states that proposals are due 16:00 CT. Please confirm the closing time for proposal submission.

All proposals will be submitted on June 22, 2012 before the closing time of 17:00 Eastern Standard Time or 16:00 Central Time, or local time (Lima, Peru)

35. Section B.6 of the RFP states that “local organizations will likely not have a NICRA rate

(approved or provisional). If there is no NICRA rate then the organization must directly cost out any shared services, ie. overhead.” Section L.7(C)(2)(G) states that “Time and Material contracts will not be allowed.” We request that USAID provide offerors with the flexibility of entering into Cost‐Plus‐Fixed‐Fee (CPFF) or Time and Materials (T&M) type subcontracts with local organizations when the following conditions are met:

a. A local organization can provide evidence that it has an accounting system capable of administering a CPFF or T&M type subcontract.

b. A local organization is committed to undergoing annual audits of their indirect cost rates in accordance with the cost principles of FAR Part 31.

c. The prime contractor has the appropriate subcontract management systems in place to ensure a CPFF or T&M subcontract with a local organization is administered properly.

d. A local organization has established indirect cost rates and the use of indirect cost rates is an integral part of their cost accounting standards.

With strong prime contractor oversight and the requirement for local organizations to undergo annual audits in accordance with the cost principles of FAR Part 31, these contracting mechanisms serve as a tool to build the capacity of local organizations so they can eventually have the financial and administrative capacity to receive direct funding from USAID, as required throughout this RFP.

Furthermore, managing direct cost allocation subcontracts typically results in higher financial and administrative burden for prime contractors and reduces overall cost control due to monthly costs varying significantly depending on the services being provided by the subcontractor.

Indirect cost rate ceilings (under CPFF subcontracts) and fixed multipliers (under T&M subcontracts) reduce the government’s cost risk of potential indirect cost rate increases and allow for a higher level of cost control and financial and administrative oversight by the prime contractor.

The Contractor will need to obtain an individual waiver for each subcontract that is a time and materials contract. USAID encourages the use of fixed fee contracts.

36. Section F.6 states that “all reports will be in English, unless it is a local organization….” Please confirm that non‐local organizations will not be required to translate reports into Spanish.

USAID requests that all Work Plans, Program Management Plans, Quarterly Reports, Annual Reports and Success Stories be written in English and translated into Spanish to facilitate project oversight by Government of Peru counterparts.

37. Section F.6(A)(e) states that “the final report must be issued no later than the last working day of the award” while the table in Section F.6(B) indicates that the Final report is due “90 days after the end of contract award.” Please clarify.

This is a typographical error. The Contractor will submit a draft of the Final Report 30 days before the end of the award. The Final Report shall be issued no later than the last working day of the award. The RFP has been amended accordingly.

38. Section F.6(B) includes “Performance Data” as a type of report which is due “concurrently with the Annual Work Plans, Quarterly Progress Reports, or as requested by USAID.” Please confirm that performance data is to be considered a separate deliverable under the contract.

It is a separate deliverable. Performance data will be a component in the Annual Work Plan and progress reports. In addition, the Contractor will respond to variations of data requests throughout the duration of the award.

39. Section L.4 references “REF: SOL‐572‐000010.” Please confirm that this reference should read “REF: SOL‐527‐12‐000010.”

This is typographical error. Replace “REF: SOL‐572‐000010” with “SOL‐527‐12‐000010.”

40. Section L requests that offerors provide “a copy of the most recent SF‐294 ‘Subcontracting

Report for Individual Contracts’ for each contract against which you were required to report for The past 2 years.” Given the fact that our SF‐294s for the past two years consist of 400 pages at a large file size of several megabytes, we respectfully request the option of selecting only our most recent and relevant SF 294 reports.

Yes, but USAID reserves the right to request additional documentation should we deem it necessary.

41. Would USAID please clarify whether the branding implementation plan and marking plan are to be submitted as an annex to the technical proposal or the cost proposal?

The BIP will be placed in the ANNEX J to the Technical Proposal. Please review the guidelines listed on L-15 and the Template provided in Attachment J.6.

42. For USAID’s convenience, may we include an acronyms list not subject to the page limitation in the technical proposal?

An acronym list is not subject to the page limitations.

43. Would USAID please confirm that offerors may submit signed documents, such as BioDatas and letters of commitment, in PDF format only given their large file size when converted to images for Word?

Adobe Acrobat portable document format (.pdf) is acceptable form of submission of reproduced documents such as Biodata Forms, letters of commitment, etc.

44. Sections H.7.d and L.7.C (2) (A) indicate that the offeror must submit a pay scale for Short

Term Technical Assistance. Does USAID want one pay scale for both local and expat STTA or separate pay scales?

The Offeror will submit a pay scale for STTA’s. Submitting two pay scales will depend on the Offeror’s established policy and practice. The salary ranges will be within the Contractor’s established policy and practice and within its established pay scale for equivalent classifications of employees. The salary ranges for the professional positions in this contract will be established based on the market value of the position in the country of the contract performance.