AMEND_2_-_ROL_RFP_(SOL-OAA-11-000011).pdf

5. PROJECT NO.

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC-

KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office. is not, 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.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you 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.

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

D. OTHER

BY

Contractor X 6

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 STANDARD FORM 30

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 22

2 January 21, 2011

US Agency for International Development

Office of Acquisition and Assistance

M/OAA/DCHA/DOFDA, SA-44, Room 516-F

Federal Center Plaza

1300 Pennsylvania NW

Washington DC 20523

To all Offerors/Bidders

SOL-OAA-11-000011

12-07-2010 x

X x x

The purpose of this Amendment is to: 1)extend the closing date and time for proposals from February 1, 2011 at 11:00 a.m. EST to February 9, 2011 at 11:00 a.m. EST; 2)change the address and contact information for the Office of Acquisition and

Assistance; 3)correct typographical errors; 4) revise the sample budget set forth in the Cost Evaluation Matrix; 5) update and add applicable provisions and clause; 6) update the instructions for Deliveries to Loading Docks in Section L.8; and 7) provide response to questions received subsequent to the issuance of the RFP.

(Refer to continuation page)

Mark Walther

Contracting Officer

SOL-OAA-11-000011 Page 2 of 22

Amendment No. 02

The solicitation is modified as follows:

1) On the Cover Page, and in block 9 of the SF-33 Form and Section

L.7(b), delete the closing date and time of February 1, 2011, 11:00am EST and replace with February 9, 2011, 11:00 am EST.

2) Replace the issuing office’s address and contact information in the following Section of the RFP:

In block 7 of the SF-33, delete room number “RRB, Room 7.10-005” and replace with “SA-44, Room 516-F.”

In Section G.1(a), delete room number “RRB, Room 7.10-005” and replace with

“SA-44, Room 516-F.”

In Section L.4, delete with the following:

―Ryan Johnson

U.S. Agency for International Development

Office of Acquisition and Assistance

M/OAA/DCHA, RRB 7.10-005

1300 Pennsylvania Avenue, NW

Washington, DC 20523-7900‖

And replace with:

―Mark Walther

U.S. Agency for International Development

Office of Acquisition and Assistance

M/OAA/DCHA, SA-44, Room 516-F

1300 Pennsylvania Avenue, NW

Washington, DC 20523-7900‖

Delete Section L.7(e) in its entirety and replace with the following:

―(e) Mailing Addresses. Proposals shall be delivered to the following addresses.

If Sent via U.S. Postal Service: Hand-Carried, or via Courier Service:

Malcolm Saldanha USAID Office of Acquisition and

Contract Specialist Assistance

USAID, Office of Acquisition & SA-44, Room 516-D

Assistance Federal Center Plaza

SA-44, Room 516-D 301 C Street, SW

1300 Pennsylvania Ave., NW Washington, D.C. 20024

Washington, D.C. 20523-7900 Malcolm Saldanha at 202-567-5334 or Mark Walther at 202-567-5289‖

SOL-OAA-11-000011 Page 3 of 22

3) In Section F.5(c), delete the reference to “Legislative Strengthening IQC” and replace it with “Rule of Law Technical Assistance IQC”.

4) In Section H.22, Delete solicitation number “M/OAA/DCHA/DOFDA-09-618” and replace with “SOL-OAA-11-000011.”

5) The Sample Budget in the Cost Evaluation Matrix (RFP Attachment J.7) has been revised to reflect a 5-year period of performance and provided addition clarification on work-year in “note 2”. The revised Sample Budget is attached to this amendment as Attachment I.

6) In Attachment J.9 USAID/DCHA/DG Branding and Marking Template, delete any reference to “Liberia”.

7) In Section K.7, DELETE provision in its entirety and replace with the following updated provision:

“K.7 52.219-1 SMALL BUISNESS PROGRAM REPRESENTATIONS (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is – 541990 ‗All Other Professional, Scientific, and

Technical Services‘.

(2) The small business size standard is $7,000,000 [average annual receipts from 3 preceding fiscal years].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it

[ ] is, [ ] is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

SOL-OAA-11-000011 Page 4 of 22

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small

Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with

13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph

(b)(6)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the

HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision—

―Service-disabled veteran-owned small business concern‖—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) ―Service-disabled veteran‖ means a veteran, as defined in

38 U.S.C. 101(2), with a disability that is service-connected, as defined in

38 U.S.C. 101(16).

―Small business concern‖ means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

―Veteran-owned small business concern‖ means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

―Women-owned small business concern‖ means a small business concern— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

SOL-OAA-11-000011 Page 5 of 22

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm‘s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small

Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.”

8) Add the following clauses to Section I.1:

―52.245-1 Government Property AUG 2011

52.245-9 Use and Charges AUG 2011‖

9) Delete Section L.8 in its entirety and replace with the following:

―L.8 DELIVERIES TO 1300 PENNSYLVANIA AVENUE LOADING DOCKS

(a) ALL offerors/applicants delivering proposals/applications through all carriers (e.g., USPS, UPS, or FedEx) (not including individual hand delivery by the firm/organization) must complete a Freight Delivery Request Form available online at: http://inside.usaid.gov/forms/a519-1.doc and provide it to the contract/agreement specialist 72 hours in advance of delivery via facsimile. The facsimile number is 202-216-3132. The contract/agreement specialist or his designee will forward the form to Bureau of Management, Office of Administrative Services, Consolidation, Property, and Services

Division (M/AS/FMD), Ronald Reagan Building & International Trade Center

(ITC) Loading Dock Manager. Once a USAID loading dock representative accepts the delivery, this will be considered the actual time of USAID's acceptance.

(b) USAID delivery hours at 1300 Pennsylvania Avenue in the RRB are from 9:00 a.m. to 3:00 p.m., Monday through Friday. Deliveries to be made before 9:00 a.m. and after 3:00 p.m. must receive prior approval from M/AS/FMD.

(c) Advance notice of 72 hours must be given for all deliveries to the RRB.

The freight company must fill out the Freight Delivery Request Form and then the customer must sign it and forward it to the M/AS/FMD. GSA controls deliveries to the RRB and will not accept unscheduled deliveries. Deliveries through the ground-level doors, on either the 13th Street, the 13 1/2 Street, or the 14th Street, are strictly prohibited and will be turned away.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://inside.usaid.gov/forms/a519-1.doc

SOL-OAA-11-000011 Page 6 of 22

(d) All vendors must report to 12TH and C Street S.W., Washington, D.C., for security scanning prior to reporting to the RRB. After the scanning is completed, the vendor has 30 minutes to report to the RRB.

(e) The Loading Dock entrance is located at the 14th Street, South entrance to the RRB. The security guard will check for a valid state driver's license or commercial driver's license (CDL), vehicle registration card, and Bill of

Lading/Manifest and will inspect the vehicle for security purposes.

(f) Vendors making repeat daily deliveries (such as United Parcel Services

(UPS), Federal Express (FedEx), and the U.S. Postal Service) must submit an annual roster with the required information to M/AS/FMD for the primary and alternate driver. Any changes to this roster must be immediately reported to

M/AS/FMD.

(g) Preferred truck size is 53 feet from bumper to bumper. If a larger truck is needed, the maximum trailer size is 45 feet, and the cab has to be parked in another bay. Arrangements must be made in advance with M/AS/FMD to ensure that a bay will be available to park the cab during off-loading.

(h) Vendors and/or clients must mark at least two sides of all deliveries

(see information below). The following information must appear on the package/packing slip:

AGENCY: U.S. Agency for International Development

NAME: Malcolm Saldanha

ADDRESS: M/OAA/DCHA/DOFDA, SA-44, Room 516-D

1300 Pennsylvania Ave, NW

Washington, D.C. 20523

OAA PHONE: 202-567-5334

(i) The driver is responsible for ensuring that all goods and materials are scanned through the loading dock X-ray machine. The driver must provide hand trucks, pallet jacks, or any other equipment needed to unload the delivery.

(j) After the goods have been inspected and approved by the GSA Dock Guards, the USAID Designated Receiving Agent will deliver them to the customer for

USAID.

L.8 HAND CARRIED DELIVERIES BY FIRM/ORGANIZATION TO FEDERAL CENTER PLAZA 301

C STREET, SW

If the offeror/applicant elects to hand-deliver the proposal, USAID advises the offeror/applicant that should security requirements at the Federal Center

Plaza result in the proposal not reaching the designated office or being accepted by the contracting/agreement officer or his/her representative by the closing time for proposal submission in L.7, the proposal/application may be determined to be "late" and USAID has the discretion in accordance with applicable rules not to consider the offeror/applicant for award. Building security has the discretion to decide whether or not to allow the hand carrier into the building. Once in the Federal Center Plaza 301 C Street lobby, the firm/organization must contact the Contract/Agreement Specialist as listed. Only packages/boxes hand-carried (suggest having the box unsealed and open to expedite clearance) may be delivered through this entrance.

After meeting the OAA staff member in the lobby, the individual representative of the offeror/applicant must go through security as would any

SOL-OAA-11-000011 Page 7 of 22 visitor, and the OAA staff member will then take possession of the proposal after the visitor has been processed through security.‖

RFP Questions and Answers

Q1: Will the proposed ceilings for indirect rates and fixed fees apply to subcontractors for purposes of bidding on task orders?

A1: The proposed ceiling indirect cost rates would only be applicable to the prime offeror as they are to be submitted in accordance with the prime offeror‘s NICRA. However, the proposed ceiling on fixed fee will apply to the prime offeror and any subcontractor.

Q2: The Cost Evaluation Matrix in Attachment J.7 requests proposed ceiling indirect rates as the indirect cost rates for the evaluation. Please confirm which rates are to be included in the cost proposal, those at B.6

(predetermined rates), or those at B.7 (ceiling rates)?

A2: The offeror shall provide information on its provisional or predetermined indirect costs rates as well as its ceiling indirect cost rates in its cost/business proposal. The resulting contract will include both the contractor‘s provisional or predetermined indirect cost rates in Section B.6 as well as its ceiling indirect cost rates in Section B.7. Note that the offeror may propose ceiling rates that are the same, above or below their predetermined rates. However, the offeror‘s proposed ceiling indirect cost rates will be utilized in the Cost Evaluation Matrix for the cost evaluation.

Q3: Are offerors required to propose a ceiling rate on fringe benefits in addition to ceilings on other indirect costs (e.g., overhead and G&A)?

A3: No. Offerors are not required to propose a ceiling rate on their fringe benefits rate; however, the rate shall be in accordance with the prime offeror‘s NICRA.

Q4: If one of the personnel proposed for the labor categories is not the prime contractor’s employee but rather a subcontractor or consultant, should the prime offeror’s fringe benefit rate be applied?

A4: Yes. For the evaluation, only the prime offeror‘s fringe benefit rate shall be used.

Q5: Please clarify if the references to “anti-corruption and government integration” in Sections L.9(c)(2)(i) in M.3.(b)(1) should be “rule of law”.

A5: Yes. It should state ―rule of law‖, and not ―anti-corruption and government integration.‖ This has been corrected. Please refer to the amendment.

Q6: Why is there a reference made to the “Deliberative Bodies/Legislative

Strengthening IQC” in Section F.5(c) of the RFP?

A6: This has been replaced with ―Rule of Law Technical Assistance IQC‖.

Please refer to the amendment.

SOL-OAA-11-000011 Page 8 of 22

Q7: Section H.22, Representations and Certifications, references to RFP

M/OAA/DCHA/DOFDA-09-618 instead of International Rule of Law Technical

Assistance Services RFP SOL-OAA-11-000011.

A7: This has been corrected. Please refer to the RFP amendment.

Q8: Why is there a reference made to “Liberia” in USAID/DCHA/DG Branding and

Marking Template in Attachment J.9?

A8: This has been corrected. References made to ―Liberia‖ have been removed from Attachment J.9.

Q9: The Cost Evaluation Matrix (Attachment 7) is for 3-years; however, the

IQC period of performance is for 5 years. Should offerors proposed a 3- or

5- year budget in the cost proposal?

A9: The Cost Evaluation Matrix has been revised to reflect a 5-year sample budget instead of a 3-year sample budget. Please refer to the amendment.

Note that this matrix is intended to reflect a sample budget for a task order and not a budget for the entire IQC. However, the prime offeror‘s proposed ceiling on the indirect cost rates and fixed fee in the cost evaluation matrix will be included in the contract award, which has a 5-year ordering period.

Q10: The Cost Evaluation Matrix only includes the salaries of four labor categories; however, it is unlikely that 4 individuals could possibly perform all the work that will be required under the IQC they represent, at best, only illustrative salary rates. These rates will bear little resemblance to the actual rates that will be incurred under a contract likely to employ several hundred individual experts.

A10: The Cost Evaluation Matrix is intended to reflect a budget that would be similar to a task order award under this IQC. It is not intended to reflect all of the work that will be performed under the IQC shared ceiling. The salaries for the labor categories that are included in the Cost Evaluation

Matrix are supposed to represent the personnel that will be evaluated in the technical proposal. These four labor categories are the most frequently utilized for task orders under this IQC. However, note that plug figures for

US-based short-term consultants and local-hires has been added to the Cost

Evaluation Matrix (Attachment J.7). Please refer to the amendment.

Q11: Please confirm how many resumes shall be submitted in the technical proposal?

A11: The offeror shall submit a total of six resumes (one each for the following individuals: the IQC Manager, Senior Technical Advisor; Senior

Attorney, Senior Program Development Specialist, Senior Rule of Law

Specialist, and Senior Public Administration Specialist).

Q12: Shall the personnel proposed in the technical proposal meet the minimum qualifications in Section L.9(c)(3)(ii) and/or the Senior Level

Qualifications in Section C.4?

A12: The offeror‘s proposed personnel for the technical proposal shall meet the minimum qualifications set forth in Section L.9(c)(3)(ii). The qualifications in Section C.4 are intended for personnel proposed at the task order level. At the task order level, the IQC holders will be expected to

SOL-OAA-11-000011 Page 9 of 22 propose personnel that meets these minimum qualifications at the Junior, Mid, and Senior Level specialists. While Section L.9(c)(3)(ii) provides additional information for the evaluation, it does not contradict the qualifications in Section C.4.

Q13: Please confirm which labor categories should be proposed in the cost evaluation matrix in Attachment J.7.

A13: As stated in the cost/business proposal instructions in Section L.10(b) of the RFP, the offeror shall include in the cost evaluation matrix the annual salaries of the four (4) individuals proposed in the technical proposal for the following labor categories: Senior Attorney, Senior Program

Development Specialist, Senior Rule of Law Specialist, and Senior Public

Administration Specialist. The proposed annual salaries must be for the same individuals proposed in the technical proposal for the Personnel in Section

L.9(c)(3)(ii). The cost/business proposal must also include a Contractor

Employee Biographical Data Sheet (RFP Attachment J.1) for each individual proposed for the labor categories. Contractor Employee Biographical Data

Sheet are not needed for the two primary points of contact (the IQC manager and the Senior Technical Advisor) as they must be covered in the contractor‘s indirect cost rate as stated in Section B.9(b).

Q14: Section B.9, Labor, indicates that contractors will not be authorized to bill USAID directly for IQC management costs under this IQC or under task orders and that contractors should propose a centralized management structure that allows for recovery of IQC management costs as part of its indirect costs.

(i) Our NICRA does not factor in costs for our home office labor. May we propose an alternative method for recovering this cost?

(ii) Does the term IQC Management refer only to the two points of contact, or is it intended to have a broader application to other home office labor and backstopping of task order implementation?

A14: IQC Management refers only to the IQC Manager and Senior Technical

Advisor. The IQC Manager and Senior Technical Advisor are not Key Personnel under this RFP. The IQC provides no means for direct recovery of the services that these individuals perform to manage the IQC. An alternative method may not be proposed. With respect to task order administration, these individuals may be proposed as a direct-charge under task orders in one of the labor categories in Section B.10.

Q15: Section B.2 states tasks orders under this contract will be cost-plus-fixed-fee (CPFF) or firm-fixed price (FFP), yet Section C.3 & C.4 introduces labor categories that are referred to throughout the document. Please clarify the use of labor categories and levels (Junior/Mid/Senior) under the

CPFF or FFP task orders?

A15: The labor categories that are listed in Section C of the RFP do not have fixed labor rates. As this is a cost reimbursement IQC, salaries will be negotiated at the task order level. These labor categories in Section C.3 are the types of technical expertise that will be generally requested for task orders. However, other technical expertise not listed in this Section may also be required under task orders. From a technical prospective, personnel that are proposed at the task order level shall meet the minimum qualifications set forth in Section C.4 to be considered at Junior, Mid, and

Senior Level.

SOL-OAA-11-000011 Page 10 of 22

Q16: In Section C.6 it states, “participating organizations may be expected to provide a portion of their costs from their own resources.” Is this referring to only participating grantees under Grants under Contract and not

IQC holders?

A16: Yes. In this instance, ―participating organizations‖ does refer to grantees.

Q17: Please confirm that USAID does not require NICRA information for any subcontractors, even though some labor categories may be staffed or proposed to be filled by staff or consultants from subcontractor firms.

A17: The RFP does not require the submission of NICRA information for any subcontractors.

Q18: Are small business offerors required to propose SDB Participation

Program Targets?

A18: As discussed in the ―notes‖ of Section M.3(e), the SDB Participation

Program Targets criterion is applicable to offerors who want to be considered for the unrestricted awards. If a small business offeror wants to be considered for an unrestricted, it must provide SDB Participation Program

Targets information. If an offeror wants to be considered for only a small business set-aside award and not an unrestricted award, they do not need to provide SDB Participation Program Targets information.

Q19: In Section M.3 (e), five percent of the technical score is allocated for

“Small Disadvantaged Business Participation Program Targets.” Can USAID please clarify if these points will be reallocated for those small business offerors who want to be considered for only the set-aside awards, and if so, how?

A19: As described in ―notes‖ of Section M.3(e), small business offerors submitting for only the small business set-aside award will receive a neutral score for the SDB Participation Program Targets criterion. This means the offeror will not be evaluated favorably or unfavorably for this criterion.

Their final technical score will commensurate with the percentage of points received vs. possible points. The methodology that will be used to calculate the percentage of points received is described in note 4 of Section M.3(e).

Q20: Paragraph L.9(5) SMALL DISADVANTAGED BUSINESS (SDB) PARTICIPATION

PROGRAM TARGETS requires SDB targets separate from those in the small business plan.

a. Is a single target for all NAICS codes combined acceptable, or must separate targets be established for each potential NAICS code to be used?

b. Are subcontractors required to submit separate targets?

A20:

a. The SDB targets are to be proposed based on the percentage of total contract value, and not based on a percentage of a NAICS codes.

b. The RFP request that only the prime offeror submit their proposed SDB targets. Therefore, proposal should not include subcontractors‘ SDB targets.

Q21: What percentage of the contract value will define a “major subcontractor”? Is the value of the contract based on labor services value, or will it include ODCs?

SOL-OAA-11-000011 Page 11 of 22

A21: Pursuant to the ―Note‖ in Section L.9 of the RFP, a major subcontractor is defined not through dollar value, but as a proportion of the technical effort.

Q22: May non-US organizations submit proposals under this RFP?

A22: The Authorized Geographic Code for this RFP, 000 – United States, is set forth in Section H.8. Non-US organizations are not eligible to receive a prime award under the RFP. However, non-US organizations may be eligible to work as subcontractors under task orders.

Q23: Section L.9.c.4.B(2) requests SF294s in the original copy of the technical proposal. Will USAID accept these forms on a CD-ROM instead?

A23: No. We will need at least one hard copy of the SF294s in the original copy of the technical proposal.

Q24: In Section C of the RFP it indicates that offerors will be expected to both support grants management and ensure the ability to operate in conflict-affected environments under this IQC. However, experience managing grants and experience working in conflict-affected areas are not specifically mentioned in the technical proposal instructions in Section L.9 and the

Evaluation Criteria in Section M.3. Will offerors be evaluated on its experience in grants management and work in conflict-affected areas?

A24: The Offeror should address its experience managing grants and experience working in conflict-affected environments to address its Institutional

Capability. In Section M.3(b), the offeror will be evaluated on its ability to evaluated country conditions, experience managing field operations, as well as, ability implement and manage complex rule of law projects.

Q25: How is a Small Disadvantaged Business (SDB) defined in Section M.3 (e) of the RFP?

A25: According to USAID Acquisition Regulation (AIDAR) 726.7002(e), SDB is defined as the following:

―Small disadvantaged business‖ means a small business concern (as defined in

FAR 19.001) that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged (as defined in this section), or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals (as defined in this section) and that has its management and daily business controlled by one or more such individuals.

(See FAR 19.001)‖

Q26: Could you please clarify the period of performance of the IQC and the task orders?

A26: As stated in Section F.1, the ordering period of the IQC is 5 years from the award date. In accordance with USAID‘s Acquisition & Assistance Policy

Directive (AAPD) 02-12 for the cost reimbursement IQCs, task orders awarded at any time during this 5-year ordering period of the IQC may have a period of performance up to 3 years from the completion date of the IQC ordering period. For this IQC, the period of performance of the task orders also may http://www.arnet.gov/far/

SOL-OAA-11-000011 Page 12 of 22 not go beyond 5 years in it entirety. Therefore, the task order must be completed by no later than 3 years past the ordering completion date or 5 years from its award date, whichever comes first.

Q27: The Fair Opportunity to be Considered in Sect ion F.5(d)(2) states:

“When making the final selection, the TOCO should also consider the potential impact on other orders placed with the contractor and the minimum ordering requirements of the contract.” Does this mean that a contractor may be subject to an award ceiling?

A27: No. There is no ceiling on task order awards made to IQC holders within the IQC maximum ordering limitation of $500,000,000. The statement in

Section F.5(d)(2) is in reference to the CO‘s determination of the contractor‘s responsibility. Please refer to the cover page of the RFP, which states ―The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees. There is no guarantee on the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee set forth in the RFP.‖

Q28: How will USAID enforce Organizational Conflict of Interest clauses in

Section H.12-15 in the RFP? Will USAID issue public notice that the designer/evaluator received a waiver and will be allowed to bid on the implementation phase? Are waivers granted in advance of the findings or after? Will USAID preclude designers/evaluators from competition as primes or subs for subsequent work resulting from evaluation/design contracts under this IQC?

A28: In accordance with USAID‘s Contract Information Bulletin (CIB) 99-7, it is USAID's policy to preclude a contractor from furnishing implementation services, as the prime or sub-contractor, when the contractor had a substantial role in the design of an activity under contract with USAID by providing USAID with "material leading directly, predictably and without delay" to a work statement for the implementation of the activity, subject to the exception discussed in the section on DESIGN in CIB 99-7. With evaluations, the evaluation contractor shall be precluded from furnishing implementation services, as a prime or sub contractor, that are required as a result of any findings, proposals, or recommendations in the evaluation report within eighteen months of USAID‘s acceptance of the evaluation report.

Please refer to CIB 99-7 for further policy guidance concerning the OCI clauses in the RFP. This CIB in hyperlinked in USAID‘s Automated Directives

System (ADS) 302.

Q29: If a subcontractor which is not named in Section H.21 in the IQC is proposed in a task order proposal, will a request to consent to subcontract be required at the task order level?

A29: Yes. If a subcontractor was not included as part of the offeror‘s proposal for the IQC and therefore subsequently not listed as a subcontractor in Section H.21 of the IQC, the IQC holder must submit a request for consent to subcontract to the Task Order Contracting Officer for the task order. The request for consent to subcontract must address each of the elements in FAR

44.202-2.

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Q30: Please clarify the limits on extension of period of performance for task orders with concern to FAR 52.217-8 Options to Extend Services in Section I.6 of the RFP.

A30: This clause is in reference to the IQC. In accordance with Section F.1 of the RFP, an extension to a task order shall not extend the maximum task order period of performance of 5 years or 3 years beyond the complete of the

IQC ordering period, whichever comes first.

Q31: In “Note 2” of the Attachment J.7 – Cost Evaluation Matrix, it states that annual salaries are to be based on 260 working days per year. Our annual direct labor cost is based on a number less than 260 days. We normally put the annual direct labor cost in budgets. At Attachment J.7, is the Government directing offerors to put annual salaries or annual direct labor cost in the budget on the direct labor line?

A31: The offeror‘s proposed personnel must be proposed fulltime in the cost evaluation matrix. As stated in Section L.10(J)(2) of the cost proposal instructions, ―A normal work-year, including paid absences (holidays, vacations, and sick leave) is 2,080 hours (260 days x 8 hours per day).

However, some organizations do not have an 8-hour workday, and some accounting systems normally provide for direct recovery of paid absences by using a work-year of less than 2,080 hours to compute individuals' unburdened daily rates. The offeror and major subcontractors shall describe their work day and work week policies.‖ Therefore, the offeror should propose the personnel as fulltime in accordance with your organization‘s personnel policies and accounting systems; however, the cost proposal must clearly indicate the number of hours and days in its normal work-day and its normal work-week, indicate how paid absences (US holidays, local holidays, vacation and sick) shall be covered, and describe the organization‘s work day and work week policies as stated in L.10(J). Please refer to the amendment to revision to Attachment J.7 - Cost Evaluation Matrix.

Q32: Please clarify the term “local indigenous organizations” in Section

L.9(2)(i).

A32: A local indigenous organization, for example, refers to a host country‘s non-governmental organizations (NGOs), civil society organizations (CSOs), and/or private/public entities such as an academic institution.

Q33: For Past Performance References in Section L.9(c)(4), do offerors need to provide past performance references for subcontractors that are not major subcontractors?

A33: No. As stated in Section L.9(c)(4), the offeror shall only provided past performance references for the prime and its major subcontractor(s).

Q34: For Past Performance References in Section L.9(c)(4), is the total number of past performance references (PPRs) limited to five for both offerors and major subcontractors combined?

A34: No. The prime offeror shall provide up to 5 past performance references for itself and up to 5 for its major subcontractor(s) if proposed.

Q35: In Section M.1(c), it states “The evaluation committee may include industry experts who are not employees of the Federal Government.” Would an industry expert on the technical evaluation committee be required to recuse

SOL-OAA-11-000011 Page 14 of 22 themselves if (1) they are included in a proposal, or (2) participated in the preparation of a proposal?

A35: Yes.

Q36: In Section M.3(d)(1)(e), what is a “neutral score” in terms of Past

Performance criterion in Section M.3.(d)(1)(e)? If the offeror received a

“netural score”, what would the highest possible score be for that offeror? What comprises the “broad range of information related to past performance” that will be taken into consideration?

A36: USAID makes every effort to obtain and evaluation the offeror‘s past performance information. However, if there is a case where an offeror lacks relevant past performance history, or in which information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance as stated in Section M.3(d)(1)(e). The need to use a neutral rating will be up the discrepancy of the Contracting Officer based on the circumstances.

The same methodology in note 4 of Section M.3(d) would be used in order to neutralize the offeror‘s score for the past performance criterion. The final technical score will commensurate with the percentage of points received vs. possible points. For example, if a prime offeror received a score of 77 points out of the 90 maximum possible points (as the past performance evaluation criterion has 10 maximum possible points), its technical score for evaluation purposes would be 85.55 (i.e., 77/90). USAID understands that there may be minor arithmetic differences in percentage terms as a result. However, these differences are considered to be minor and will not impact any best value decision made under this solicitation.

Q37: Is the contractor limited to the use of only the proposed individuals and rate for the indicated labor category in all future task order proposals?

A37: No. The proposed individuals and their salaries shall only be used for evaluation purposes for the IQC award. These labor categories are the types of technical experts that will be most frequently called upon for the task orders under the IQC. There are no fixed labor rates in this IQC. The IQC holder‘s proposed personnel and salaries will be negotiated at the task order level and shall be in accordance with the Contractor‘s established policies, procedures, and practices, and the cost principles applicable to this contract.

Q38: Section L.9(c)(5)(i) requires that “the offeror provide with its offer targets, expressed as percentages of total contract value, for SDB participation…” while section L.5(b) states that “in order to receive credit under the source selection factor or sub-factor, the offeror must provide, with its offer, targets, expressed as dollars and percentages of total contract value, for SDB participation.” Please confirm USAID’s preferred method for expressing targets for SDB participation.

A38: Offerors will be evaluated on the percentage of total contract value for its SDB Participation Program Targets as this is an indefinite quantity contract. This percentage will also be included in Section H.23 of the contract award. The offeror‘s subcontracting plan (Attachment J.5) will also contain subcontracting goals with SDB concerns expressed in both percentages and estimated dollar values. Note that the offeror‘s proposed SDB

Participation Program Targets percentage needs to be consistent with the

SOL-OAA-11-000011 Page 15 of 22 goals stated in its subcontracting plan in Attachment J.5 as well as its labor distribution chart in Attachment J.8. Therefore, the offeror could include in the technical proposal the estimated dollar amount of the total contract value for its SDB targets in addition to the percentage of total contract value in order to make its SDB targets clear and to demonstrate the correlation with its subcontracting plan and labor distribution chart in the cost proposal.

Q39: In the definition of a “small disadvantaged business” in AIDAR

726.7002(e), it states “Small disadvantaged business” means a small business concern (as defined in FAR 19.001) that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged (as defined in this section), or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals (as defined in this section) and that has its management and daily business controlled by one or more such individuals. (See FAR 19.001).” In 726.7002(f), it states

“Socially disadvantaged individuals” has the same meaning as in FAR 19.001, except that the term includes women. Does this mean that the reference to

“Socially disadvantaged individuals” in the SDB definition includes woman-owned small business (WOSB)?

A39: Yes. As USAID has a WOSB Program, USAID includes a woman-owned small business as a ―Socially and economically disadvantaged individuals‖. As stated above in AIDAR 726.7002(e), A SDB must be at least 51 percent unconditional owned by one or more individuals who are socially and economically disadvantaged or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals.

Q40: The RFP does not address the use of third country nationals (TCNs) or cooperating country nationals (CCNs). Attachment J.7 - the Cost Evaluation

Matrix does not provide categories of labor for TCNs and CCNs. Is Offerer supposed to include costs for TCNs and CCNs in their cost proposal?

A40: The RFP has been amended to include a plug figure for two local-hires‘ salaries (unburdened) for the cost evaluation. Offerors shall apply their ceiling indirect cost rates to these personnel in accordance with their

NICRA. (Note: No resumes are to be provided in the technical proposal for these individuals. These personnel are only intended for the cost evaluation.)

Note, however, that TCN and CCN personnel salaries and associated costs will be negotiated at the task order level. All employment with locally hired national personnel and other non-U.S. expatriates must be in accordance with

AIDAR 722.170. Salaries for individual locally-hired personnel and other non-U.S. expatriates under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007, Personnel Compensation (August 2004) and should be based upon a combination of factors including prevailing in-country salaries for the professional category being negotiated and consideration of the individual's education, work experience and recent relevant salary history. Fringe benefits and social welfare costs for locally-hired or non-

U.S. expatriates will be reimbursed as direct costs if allowable/authorized under task orders.

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SOL-OAA-11-000011 Page 16 of 22

Q41: The RFP does not appear to include short-term personnel, which are often used by contractors in the performance of an actual task order. Therefore, shouldn’t this be included as part of the cost evaluation?

A41: The RFP has been amended to include a plug figure for four US-based short-term consultants‘ salaries (unburdened) for the cost evaluation.

Offerors shall apply their ceiling indirect cost rates to these personnel in accordance with their NICRA. (Note: No resumes are to be provided in the technical proposal for these individuals. These personnel are only intended for the cost evaluation.)

Q42: Is Attachment J.2 SF-LLL – Disclosure of Lobbying Activities required to be included in the offeror’s proposal?

A42: It depends. In Section K.1(d) 52.203-11 CERTIFICATION AND DISCLOSURE

REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007), it states “If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard

Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.‖ If this applies, the offeror must submit OMB Standard Form LLL, Disclosure of Lobbying Activities in its cost proposal.

Q43: Does Attachment J.3 – DD 254 Department of Defense Contract Security

Classification Specifications required to be included in the offeror’s proposal?

A43: No. The DD 254 form is not required to be submitted with the offeror‘s proposal for the IQC. The RFP includes this form to put contractors on notice that it must have the ―Secret‖ level facility clearance in order to be considered for a classified task order under the IQC. However, a ―Secret‖ level facility clearance is not required prior to the award of the IQC.

Please refer to Section H.5 for guidance on security clearance requirements for classified task orders.

Q44: FAR Part 52.245-2 Government Property Installation, June 2007 was included in Section I, but FAR Part 52.245-1 and 52.245-9 was not included.

Were these mistakenly left out?

A44: The RFP has been revised to include 52.245-1 and 52.245-9. Please refer to the amendment.

Q45: In Section L.9(b), the technical proposal instructions list items that are not included in the 30 page limitation. May offerors include charts and/or other additional materials in the appendices that are not listed in this section?

A45: No. Only the items specifically listed in Section L.9(b) are excluded from the 30 page limitation.

Q46: What are USAID the minimum qualifications for the IQC manager?

A46: A stated in Section L.9(c)(3)(i), the following minimum qualification are required for the IQC Manager ―. . . (he/she) shall have at least an undergraduate degree, and at least ten years of experience working on, or

SOL-OAA-11-000011 Page 17 of 22 managing, development programs, preferably in the area of democracy and governance.‖

Q47: If we do not designate any “major subcontractors” as defined by the RFP, may we provide selected relevant past performance references from across our consortium members, in addition to the five from the prime contractor?

A47: As stated in Section L.9(c)(4)(A), offerors shall provide past performance references for only the prime offeror and its major subcontractor(s).

Q48: In section C.1 the RFP states “However, cooperating US Agencies, such as the Department of State and the Millennium Challenge Corporation, may opt to transfer funds to USAID in order to participate in shared programs.” Can you elaborate on how this works?

A48: While ―cooperating US Agencies, such as Department of State and the

Millennium Challenge Corporation, may opt to transfer fund to USAID in order to participate in shared programs,‖ these programs are required to be awarded and managed by USAID.

Q49: The NIH Contractor Performance Reports database is no longer accessible.

Please comment on what arrangements SUAID has made to migrate CPRS to another agency to manage these past performance reports and how these may also be accessed by contractors.

A49: Past Performance Reports completed in CPS were transferred to the Past

Performance Information Retrieval System (PPIRS) before CPS was shut down.

PPIRS is managed by the Naval Sea Logistics Center. The website is www.ppirs.gov. The instructions below explain how a Company can access their completed reports.

Contractors obtain access to PPIRS through the Central Contractor

Registration process. To obtain access, a contractor must enter a Marketing

Partner Identification Number (MPIN) in their profile in the Central

Contractor Registration system (http://www.ccr.gov/).