Amendment 05 GH TECH Final Question Answers.pdf

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SOL-OAA-12-000025

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1 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 ACKNOWLEDGEMENT 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 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.

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GH/HIDN

Washington DC 20523 1300 Pennsylvania Ave., NW Office of Acquisition & Assistance

936-309803/22/2012000005

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

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

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4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

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02/16/2012

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The purpose of this amendment is to post the questions and responses to the questions received via email.

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16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Patricia Bradley

STANDARD FORM 30 (REV. 10-83)

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FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 1

Procedural Clarification Questions

1. RFP, SF-33, block #9 (p. 1), L.8 (pp. 93-94), and Annex 4 (p.

121): There is a discrepancy between what is in block #9 and the bottom of page 93. Can the Government please confirm by correcting the SF-33 that an Offeror may deliver its offer by hand?

In addition, Sectiion L.8 states, "Please provide 24 hour notice to either Ms. Bradley or Ms. Wire prior to hand delivering any packages." In contrast, Annex 4 states, "Advance notice of 72 hours must be given for all deliveries to the RRB." Can the

Government clarify this discrepancy in the amount of notice required for hand-delivery? Can the Government also, please confirm that those Offerors hand-delivering will need to complete a Freight Delivery Request Form? (Q1)

2. RFP, Section B (pp. 5-7): Can the Government please clarify if it is the Government's intent that Offerors should insert a copy of the entirety of Section B in their offer, and with the blanks and dashed filled in with the Offeror's content? (Q5)

3. RFP, B.3 (p. 5): The title of Section B.3 is "Estimated Cost, Fixed

Fee and Ceiling", however the section includes a Total Estimated

Cost (TEC), but not a ceiling value for the contract. Since the TEC is based on estimates of indirect costs potentially pending establishment of revised provisional or final indirect cost rates, the actual cost of the contract as delivered may be higher than the

TEC. Can the Government please provide the ceiling value for this contract? (Q8)

4. RFP, B.3 table (p. 5): As that indirect costs are those that are not directly accountable to a cost object, they are usually considered to include those costs which could be thought to fall under General &

1. Per page 121 2) Deliveries to 1300 Pennsylvania

Avenue 72 hours notice must be given. Page 93

Hand Carried must give 24 hours notice. Please note the difference.

2. Yes

3. TEC is the ceiling

4. No cost item should be accounted for more than once.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 2

Administrative (G&A) expenses. Can the Government please clarify whether or not it actually wants costs that fall under G&A to be included in both the line of the table entitled "Indirect Costs

(to include overhead)" and in the line of the table entitled "G &

A"? (Q9)

5. RFP, B.3 table (p. 5): Can the Government please clarify if the values to be put by the Offeror in the table in Section B.3 are to be computed from the table in Section B.4 (p. 5), or from the table of ceiling rates in Section B.5(a)(3) (p. 6)? (Q10)

6. RFP, B.4 (p. 5): Can the Government please clarify how an

Offeror with a Defense Contract Audit Agency (DCAA) approved accounting system may address B.4? (Q11)

7. RFP, B.4 (p. 5): Can the Government estimate roughly how long after award of the Contract it will take for the USAID as the

Federal Cognizant Agency (FCA) to negotiate a Negotiated

Indirect Cost Rate Agreement (NICRA) with the Contractor?

(Q12)

8. RFP, B.4 (p. 5) and B.5(a)(3) (p. 6): There is a placeholder, "1/" under each of "Base", "Type", and "Period" in each of the tables in

Sections B.4 and B.5(a)(3). However, under "1/Base of

Application" in Section B.4, is listed an additional category

"Source" which is not in the immediately preceding table in that section. Can the Government please clarify the tables in Sections

B.4 and B.5(a)(3) and whether "Source" should be added as a column in each of the tables in both sections and also added as an extra field in Section B.5(a)(3)? (Q13)

9. RFP, B.4 (p. 5): Section B.4 only includes one table of indirect cost rates. Presumably, the Government intends this table to be

5. Please see Page 2 of the RFP.

6. See Answer 5 above.

7. No we cannot estimate a time frame.

8. Fill out in accordance with your Indirect rates.

9. See L.10(b) on Page 100 of the RFP.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 3 valid for the base and option periods of the contract. However, it is possible that in accordance with the Offeror's standard accounting practices, an Offeror has projected indirect cost rates for out-years which are different than for the base year due to fluctuations in projected revenues versus projected expenses. Can the

Government please clarify how such indirect cost rates for out-years should be represented in Section B.4 in an offer? (Q14)

10. RFP, B.4 (p. 5): If, in accordance with the Offeror's standard accounting practices, an Offeror has projected indirect cost rates for out-years which are different than for the base year due to fluctuations in projected revenues versus projected expenses. Can the Government please clarify if such fluctuations in indirect cost rates over the course of the contract may be reflected in the table in Section B.3 (p. 5) in an offer? (Q15)

11. RFP, B.4 Note 1 (p. 6): If the awarded contractor did not have a pre-existing NICRA, but one is then negotiated with the FCA, would the Government then allow the rates in such a newly awarded NICRA to be used for indirect costs on ODCs for the awarded contract on a going forward basis (i.e., from the time of the award of the NICRA by the FCA)? If so, then such a NICRA would later increase the Indirect Costs as the pre-NICRA estimates of Indirect Costs would naturally not include indirect costs on

ODCs, whereas post-NICRA, the indirect costs would include indirect costs on ODCs; therefore, how should an Offeror complete the table in Section B.3 (p. 5) if it has no pre-existing

NICRA, but anticipates the negotiation of a NICRA with the FCA after contract award? (Q18)

12. RFP, B.5(a)(1) (p. 6): Can the Government please clarify what the

Offeror is to replace the two series of dashes with? For example, if an Offeror has an accounting system with a chart of accounts (e.g.,

10. Yes. See L.10(b) on Page 100 of the RFP.

11. See L.10 on Page 100 of the RFP.

12. See Answer 11 above.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 4

500 - Salaries Expense, 540 - Supplies Expense, 560 - Rent

Expense, etc.), are each series of dashes to be replaced with a selected list of such accounts? (Q20)

13. RFP, B.5(a)(3) (p. 6) and B.3 (p. 5): If the values to be inserted by the Offeror in the table in Section B.3 are to be computed from the table of ceiling rates in Section B.5(a)(3), then if an Offeror would like to Offer different ceiling rates for different years to lower the

Government's cost, may the Offeror add additional tables for out-years in Section B.5(a)(3) in its offer? (Q21)

14. RFP, B.3 (p. 5) and B.5(a)(3) (p. 6): If an Offeror is permitted to offer different ceiling rates for different years to lower the

Government's cost by adding additional tables for out-years in

Section B.5(a)(3) in its offer (see previous question), may the

Offeror then reflect those differing rates in the computation of the values for the table in Section B.3 in its offer? (Q22)

15. RFP, C.3.4 (p. 14): The Government states, "In the typical assignment, ... the contractor arranges travel support, including funding travel costs and per diem ... and provides work space ..."

Can the Government clarify if such costs (for example, incurred by a "local government official"), including the costs associated with work space, can be charged to the Government as ODCs under this contract? If not, then can such costs be included in indirect costs payable under this contract?

16. RFP, C.4.1 (pp. 14-15): "The Contractor shall identify appropriate staff or consultants with the required expertise, availability, language proficiencies, and experience for the technical team for each task, including where appropriate and as requested by the

Contracting Officer’s Technical Representative (COR)." There appears to be missing words at the end of this sentence or the

13. See above.

14. See above.

15. See above.

16. See C.4.1 on Page 14 of the RFP.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 5 sentence might might need to be edited. Can the Government please clarify what exactly should be included when requested by the COR? (Q49)

17. RFP, C.4.1 (pp. 14-15) and C.3.4 (p. 14): The Government states that "When USAID or other international agency staff, fellows, contractors and/or grantees are included in such teams, the

Contractor’s responsibility ... will not include financial support for their participation." However, C.3.4 states, "In the typical assignment, ... the contractor arranges travel support, including funding travel costs and per diem ... and provides work space ..."

These two statements appear to be in contradiction. Furthermore, if the Contractor provides work space, this may have a cost for the

Contractor. Can the Government please clarify? (Q50)

18. RFP, C.4.1 (pp. 14-15) and C.3.4 (p. 14): The Government states, "When USAID or other international agency staff, fellows, contractors and/or grantees are included in such teams, the

Contractor’s responsibility ... will not include financial support for their participation." Section C.3.4, includes the list, USAID foreign service, foreign service national, and civil service staff;

representatives of partner USG agencies; state and local government officials; representatives of other bilateral donors; and participants from international technical organizations. While some of these appear to be covered by the C.4.1 statement that the

Contractor would not be responsible for financial support for their participation, there are many with an unclear status in this regard.

Can the Government clarify if the Contractor might be responsible for financial support for the participation of representatives of partner USG agencies; state and local government officials;

representatives of other bilateral donors; and participants from international technical organizations? (Q51)

17. See C.3.4 on Page 14 of the RFP and C.3.4 on

Pages 14 and 15 of the RFP.

18. Please see Answer 17.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 6

19. RFP, C.6.5 (p. 25) and F.7 (p. 34): In both Sections C.6.5 and F.7, the Government states, "The Contractor shall ... determine what, if any, changes are required, and propose to the COR any changes and additions as needed." Can the Government clarify that should the COR approve changes and additions, would the Contractor make these changes and additions, or does the Government have other staff (for example, IT staff) who are responsible for making changes and additions to this database. (Q102)

20. RFP, C.6.5 (p. 25) and F.7 (p. 34): If the Contractor would be responsible for making changes and additions to the database (see previous question), can the Government please state what is the technology behind the Consultant Database (for example, Microsoft Excel, Microsoft Access, etc.)? (Q103)

21. RFP, C.6.5 (p. 25) and F.7 (p. 34): In both Sections C.6.5 and F.7, the Government states, "The Contractor shall maintain and update biographical and other data in one or more consultant databases..."

However, only one database is mentioned in both Sections C.6.5 and F.7. Can the Government clarify what other than the one

"Consultant Database" mentioned in these Sections may need to have biographical and other data maintained or updated? (Q104)

22. RFP, C.6.6 (p. 25) and C.6.2 (p. 22): The Government states, "The

Contractor shall establish and maintain financial and cost records for all the proposed, in-process and completed tasks." Can the

Government confirm that it intends these financial and cost records that the Contractor must establish and maintain are to be housed in the accounting system discussed in Section C.6.2? If not, does the Government have any preference for the type of system which is used for maintaining these financial and cost records? (Q105)

19. Please read C.6.5

20. See RFP Amendment Number 5, Technical and

Cost Questions, Answers Numbered 2 through 10.

21. See above, Answer 20. They are the same database.

22. The Government does not have a preference.

The typical choices are the Contractor’s accounting system or separate spreadsheets.

23. (a) See C.6.1 on Page 22 of the RFP.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 7

23. 106. RFP, C.6.7 (p. 25): The Government states, "Contractor shall maintain archives for technical reports produced under predecessor contracts, either in electronic and/or paper form as requested by the COR." Can the Government clarify if such archives are to be maintained on Contractor premises and Contractor equipment, or if the Government intends that the Contractor maintain these archives on Government premises and Government equipment? If on Contractor premises, can the Government describe the volume of any paper form archives to date and could the Government estimate the potential volume of additional archive material over the life of this Contract? (Q106)

24. 131. RFP, F.14(a)(1) (p. 36): The Government states, "The

Contractor shall submit to USAID’s Development Experience

Clearinghouse (DEC) copies of reports and information products

... as outlined in the Agency's ADS Chapter 540." Can the

Government confirm that the Contractor is to submit to DEC what it has created for other purposes under the Contract, and that with the exception of the index mentioned in Section F.14(a)(2), the

Contractor is not expected to create any new products expressly for the purpose of submitting such to DEC? (Q131)

25. RFP, F.14(a)(2) (p. 36), F.14(b)(1)(ii) (pp. 37-37), and F.13 (pp.

35-36): The Government states, "Upon contract completion, the contractor shall submit to DEC an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause." Section F.14(b)(1)(ii) states, "The contractor shall submit the reports index referenced in paragraph (a)(2) of this clause and any reports referenced in paragraph (a)(1) of this clause that have not been previously submitted to DEC, within 30 days after completion of the contract to one of the address cited in paragraph (b)(1)(i) of this clause." This index appears to be a deliverable only to meet the requirements of Section F.14(a)(2)

(b) No.

24. See F.14 on Page 36 of the RFP.

25. Yes

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 8 and does not appear in the table in Section F.13. Can the

Government add it to the table in Section F.13? (Q132)

26. RFP, F.14(b)(1)(i) (p. 36) and F.14(a)(1) (p. 36): The Government states, "... the contractor shall submit, one copy each, of 3 contract reports and information/intellectual products (referenced in paragraph (a)(1) of this clause)..." Section F.14(a)(1) states, "The

Contractor shall submit to USAID’s Development Experience

Clearinghouse (DEC) copies of reports and information products..." Can the Government clarify if only three contract reports and information/intellectual products are to be submitted or if all contract reports and information/intellectual products are to be submitted? If the latter, then can the Government please clarify the meaning of "submit, one copy each, of 3 contract reports and information/intellectual products" as referenced in Section

F.14(b)(1)(i)? (Q134)

27. RFP, F.14(b)(1)(i) (p. 36): The Government states, "... the contractor shall submit ... in either electronic ... or paper form..."

Can the Government please confirm that it is the Government's intent that the Contractor should submit in electronic or paper form, but not both? (Q136)

28. RFP, F.14(b)(2)(ii) (p. 37), F.14(b)(2)(iii) (p. 37), and

F.14(b)(1)(i) (p. 36): The Government states, "The report in paper form shall be prepared ... using black ink. Elaborate art work, multicolor printing ... are not to be used." Section F.14(b)(2)(iii) states, "The electronic document submitted shall consist of only one electronic file which comprises the complete and final equivalent of the paper copy." If it is the Government's intent that the Contractor should submit in electronic or paper form, but not both (see previous question), then in order that the electronic file be the complete and final equivalent of the art-free black & white paper copy, is it the Government's intent that if a document

26. Please see F.14(a)(1) on Page 36 of the RFP.

27. Please see F.14(b)(1)(i) on Page 37 of the RFP.

28. Please see F.14(2)(ii) and F.14(2)(iii) on Page 37 of the RFP.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 9 originally has artwork and color in it, that the Contractor first create an art-free black & white version of the document in order to submit electronically? (Q137)

29. RFP, F.14(b)(2)(iii) (p. 37) and F.14(b)(2)(v) (p. 37): The

Government states, "The electronic document submitted shall consist of only one electronic file..." Section F.14(b)(2)(v) states, "The electronic document submission shall include the following descriptive information..." If the electronic document consists of only one electronic file, then can the Government clarify where the descriptive information should go? (Q138)

30. G.4(c) (p. 41) and F.2 (p. 32): The Government states, "The COR is required to meet quarterly/semi-annually/annually with the

Contractor and the Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced." Section F.32 states, "The GH Bureau management team will provide continuous monitoring of contract performance. Monitoring activities will include: Periodic oversight meetings at the request of the COR but not less than once a month

(face-to-face or via videoconference)..." Can the Government clarify what is the difference between the Contractor's quarterly

"telephonic reports" to the COR per Section G.4(c) and the GH

Bureau management team's monthly "oversight meetings" at the request of the COR via "face-to-face" or "videoconference"?

(Q141)

31. H.17(d) (p. 49): The Government states, "Where: Submit the reports to: [insert address and point of contact at the Embassy, Mission or FM/CMP as appropriate. See b. above] [optional with a copy to – TBD]." Can the Government clarify if Section H.17(d) supposed to imply that if the Contractor has worked in multiple countries and multiple Missions in the course of a year, it may

29. Per F.14(2)(v) on Page 37 of the RFP, the descriptive information shall be included in the electronic document submission.

30. Per G.4(c) on Page 41 of the RFP, the COR is required to meet quarterly/semi-annually/annually with the Contractor and the Contracting Officer concerning performance of items delivered under the contract and any other administration or technical issues. On the other hand, the meetings described in F.2 on Page 32 of the RFP are periodic oversight meetings which are designed to continuously monitor contract performance.

31. Yes.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 10 need to submit more than one report on April 16th, one each to each Mission in each country for which work was performed over the previous year? (Q155)

32. H.17(e) (p. 50) and H.17(b) (p. 49): The Government states, "Subagreements. The Contractor must include this reporting requirement in all applicable subcontracts, subgrants and other subagreements." Can the Government clarify if Section H.17(e) supposed to imply that if any subcontractor of the Prime

Contractor has participated in work in multiple countries and multiple Missions in the course of a year, it may need to submit more than one report on April 16th, one each to each Mission in each country for which work was performed over the previous year? Is it the Government's intent that a subcontractor's reports under Section H.17(b) are to be submitted to the many Embassies and Missions completely separately and independently of the

Prime Contractor's submissions? (Q156)

33. I.2 752.225-70(c)(3) (p. 65) and I.5 AAPD 05-04 (pp. 66-67): The

Government states, "The Contractor must obtain prior written approval of the Contracting Officer or comply with required procedures under an applicable waiver as provided by the

Contracting Officer when procuring any of the following goods or services: ... Pharmaceuticals and contraceptive items". I.5 AAPD

05-04 states, "An organization that is otherwise eligible to receive funds under this contract to prevent, treat, or monitor HIV/AIDS ...

Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides ... Contractors and subcontractors are exempt from (b)(1) if the contract or subcontract is for commercial items and services as defined in

32. Yes.

33. See I.2, 752.225-70 SOURCE AND

NATIONALITY REQUIREMENTS, on page 65 of the RFP. The Contractor must obtain prior written approval from the Contracting Officer or comply with required procedures under an applicable waiver when procuring any restricted goods as defined in 48 CFR 752.225-70.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 11

FAR 2.101, such as pharmaceuticals, medical supplies, logistics support, data management, and freight forwarding..." This gives the appearance that the Contractor will at least sometimes purchase both pharmaceuticals and contraceptive items (such as condoms). Can the Government confirm that should a need arise on the Contract for either, the Contracting Officer will provide a waiver to the Contractor on these two items? (Q176)

34. I.3(a) (p. 65) and F.13 (pp. 35-36): The Government states, "The contractor shall prepare and submit progress reports as specified in the Schedule of this contract" The most frequent regular reporting identified in the table in Section F.13 is the "Contract Monitoring

& Evaluation - Quarterly reports". Can the Government confirm that these quarterly reports fully satisfy the requirement for progress reports in Section I.3(a)? (Q177)

35. L.1 52.222-46 (p. 86) and L.9 (pp. 94-100): FAR clause 52.222-46 states, "As part of their proposals, offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract." On the other hand, Section L.9 does not mention this plan at all. Can the Government clarify in what volume of the proposal this plan must be inserted and what the page count limit is for this plan? Can this be inserted in an Annex which is not in the main page count? Can the Government amend Section L.9 to call this information out? (Q182)

36. L.1 52.237-10 (p. 86) and L.9 (pp. 94-100): FAR clause 52.237-

10(f) states, "The offeror shall include a copy of its policy addressing uncompensated overtime with its proposal." On the other hand, Section L.9 does not mention this policy at all. Can the

Government clarify in what volume of the proposal this policy must be inserted and what the page count limit is for this policy?

34. Please see F.2 on page 32 of the RFP, F.13 on

Pages 35 and 35, I.3(a) on Page 65.

35. Please see L.10 on Page 100.

36. Please see Answer 35.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 12

Can this be inserted in an Annex which is not in the main page count? Can the Government amend Section L.9 to call this information out? (Q183)

37. L.10(b) Note 7 (p. 104): The Government states, "If the Offeror or subcontractor does not have a cognizant Government Audit

Agency, the prime contractor/subcontractor shall provide its audited balance sheets and profit and loss statements for the last two complete years, and the current year-to-date statements (or such lesser period of time if the Offeror is a newly-formed organization), must be included in the proposal." Can the

Government please clarify if unaudited financial statements may be substituted for audited financial statements if an offeror or a subcontractor does not have those? Also, it is possible that the

Offeror does have a cognizant Government Audit Agency, which has audited their accounting system, but that they nonetheless do not have an approved NICRA and do not have audited financials.

Lastly, will the Government accept "budget" in lieu of financials for a newly formed company? (Q194)

38. L.10(b) Note 8 (p. 104): Can the Government confirm that blocks

4 and 16 on the AID 1420-17 form do not need to be completed?

(Q196)

FAR, RFP CLAUSES & QUESTIONS

39. RFP, C.6.4.3 (p. 23), G.4(e) (p. 41), and H.25(a) (p. 53): The

Government states, "The Contractor prepares an assignment scope of work, to include results to be achieved, specific timing, and benchmarks (if any) for each sub-activity ... In preparing the

Assignment Scope of Work, the Contractor shall..." Section

G.4(e) states, "Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the

37. Please see L.10(b) Notes 7 and 8 on Pages 103 and 104 of the RFP.

38. Both blocks 4 and 16 should be completed.

39. C.6.4.3 refers to a scope of work given for specific, discrete assignments given out by the

Contractor, whereas G.4(e) and FAR 9.505-

2(b)(1) refer to the broad scope of work for the project as a whole. For each assignment, the original scope of work is prepared by the

Government in Step 1, as described in Section

C.6.4.1.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 13

Contracting Officer. These changes include ... the following areas:

scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions." Section H.25(a) states, "The mission or bureau activity manager submits a SOW for those activities to the COR with the government's summary cost estimate." There would appear to be both a violation of FAR

9.505-2(b)(1) and a contravention of Sections G.4(e) and H.25(a) if the Contractor should be responsible for preparing a scope of work for itself under the Contract. Can the Government please clarify what is meant in Section C.6.4.3 and how the apparent discrepancy between it and Section H.25(a) should be interpreted?

40. RFP, C.6.4.5 (p. 23) and G.4(e) (p. 41): The Government states, "Once the assignment scope of work is approved the contractor shall prepare a Technical Directions Memorandum (TDM) for each Assignment. The TDM shall outline the work to be done, type and number of consultants, their biographical data, and a projected timeline. The assignment scope of work is summarized briefly in the TDM, and the full content of the assignment scope of work is incorporated in the TDM by reference." The Contractor's preparation of the TDM would also appear to be both a violation of FAR 9.505-2(b)(1) and a contravention of Section G.4(e). Can the Government please clarify what is meant in Section C.6.4.5?

41. RFP, E.1 (p. 31) and Section I (pp. 55-68): The Government states, "The following contract clauses pertinent to this section are hereby incorporated by reference ... in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY

REFERENCE" in Section I of this contract. However, there is no clause 52.252-2 in Section I. (Q118)

42. RFP, E.1 (p. 31): The Government states, "52.246-16

RESPONSIBILITY FOR SUPPLIES APR 1984". However, FAR

40. Section C.6.4.5 states that the Contractor drafts a memo with attached documents that include the scope of work and consultant data, each of which was previously approved by the Government in

C.6.4.3 and C.6.4.4. The TDM formalizes the

Government’s approval of the package of documents listed in C.6.4.5. This process meets the definition of Technical Directions as given in

Section G.4.(a)(1).

41. See I.1 on Page 55 of the RFP.

42. Yes, the clause will be deleted.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 14

46.316 states that FAR Clause 52.246-16 is to be inserted when a fixed-price contract is contemplated, which this is not. Can the

Government please confirm that this clause should be deleted from the RFP? (Q119)

43. RFP, F.1 (p. 32): The Government states, "52.242-15 STOP-

WORK ORDER AUG 1989". However, FAR 42.1305(b)(2) states that clause 52.242-15 is to be used with its Alternate I when a cost-reimbursement contract is contemplated. Can the Government please confirm that this clause should be replaced with "52.242-15

STOP-WORK ORDER AUG 1989; ALTERNATE I APR 1984"

in the RFP? (Q120)

44. RFP, F.3 (p. 33), C.4.2.4 (p. 19), and C.6.4.6 (p. 24): The

Government states, "Performance of this contract shall be at the

Contractor’s or subcontractor’s facilities in the United States or in

USAID offices, both in the United States or in countries to be determined by the COR." Section C.4.2.4 states, "The Mission support component provides managerial and technical support in

USAID Mission offices overseas ... Potential activities could include: providing common office space..." Section C.6.4.6 states, "The Contractor shall provide and arrange for all logistical support in the U.S. and overseas ... Logistical support will include making all arrangements for ... related logistical support, including ...

office and computer equipment needed..." Here, both Sections

C.4.2.4 and C.6.4.6 suggest that the Contractor may need office space overseas in order to provide "common office space" and provide logistical support which includes providing "office needed". Can the Government please clarify if Section F.3 should be changed to instead state, "Performance of this contract shall be at the Contractor’s or subcontractor’s facilities in both the United

States or in countries to be determined by the the COR or in

USAID offices, both in the United States or in countries to be

43. Yes, the clause will be deleted.

44. No.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 15 determined by the COR." (Q122)

45. RFP, F.3 (p. 33), C.4.2.4 (p. 19), and C.6.4.6 (p. 24): If Section F.3 will not be changed to reflect place of performance at non-USAID offices outside of the U.S. (see previous question), can the

Government confirm that Sections C.4.2.4 and C.6.4.6 do not refer to the Contractor providing office space outside the U.S.? (Q123)

46. RFP, F.13 table (p. 35): The Government states, "Project website;

C.6.7 and F.10...". We suggest to the Government that the first

Section number reference should be changed from C.6.7 to C.6.8.

(Q128)

47. G.4(f) (p. 41): The Government states, "... within the specified number of days contained in FAR 52.243-7 (Notification of

Changes)..." However, clause 52.243-7 has not been included in this RFP. Furthermore, according to FAR 43.107, clause 52.243-7 is for "use primarily in negotiated research and development or supply contracts for the acquisition of major weapon systems or principal subsystems" of which this contract is not. Therefore, we suggest the Government drops clause G.4(f) entirely. (Q142)

48. H.10 (p. 46): The Government states, "The Contractor's subcontracting plan TBD is hereby incorporated as a material part of this contract. The contractor must comply with the subcontract reporting requirements in FAR 52.219-9." FAR 19.708(b)(1) however states, "Insert the clause at 52.219-9, Small Business

Subcontracting Plan, in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $550,000

($1,000,000 for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small

Business Concerns, unless the acquisition is set aside or is to be accomplished under the 8(a) program." We request the

45. No.

46. Yes. The third block of F.13 TABLE OF

DELIVERABLES on page 35 of the RFP should be changed from C.6.7, Archive Maintenance, to

C.6.8, Website Support.

47. Delete clause

48. Will delete 52.219-9 and ADD 52-219-8

49. Yes, 52.203-11 will be deleted.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 16

Government to delete clause H.10 in its entirety as this acquisition is set aside for 8(a). (Q150)

49. I.1 52.204-7 (p. 55) and I.1 52.203-11 (p. 55): FAR 4.1202 states, "When the clause at 52.204-7, Central Contractor Registration, is included in the solicitation, do not include the following representations and certifications: ... (b) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions." FAR clause 52.204-7 is inserted on page 55, but

FAR clause 52.203-11 is also inserted on the same page.

Consequently, per FAR 4.1202, can the Government delete clause

52.203-11 from Section I.1 of this solicitation? (Q164)

50. I.1 52.204-7 (p. 55) and K.2 52.209-5 (pp. 74-76): FAR 4.1202 states, "When the clause at 52.204-7, Central Contractor

Registration, is included in the solicitation, do not include the following representations and certifications: ... (e) 52.209-5, Certification Regarding Responsibility Matters." FAR clause

52.204-7 is inserted on page 55, but FAR clause 52.209-5 is also inserted on page 74. Consequently, per FAR 4.1202, can the

Government delete clause 52.204-7 from Section K.2 of this solicitation? (Q165)

51. I.1 52.204-7 (p. 55) and K.2 52.215-6 (p. 77): FAR 4.1202 states, included in the solicitation, do not include the following representations and certifications: ... (h) 52.215-6, Place of

Performance." FAR clause 52.204-7 is inserted on page 55, but

FAR clause 52.215-6 is also inserted on page 77. Consequently, per FAR 4.1202, can the Government delete clause 52.215-6 from

Section K.2 of this solicitation? (Q166)

50. Yes 52.209-5 will be deleted

51. Yes.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 17

52. I.1 52.204-7 (p. 55) and K.2 52.219-1 (pp. 78-80): FAR 4.1202 states, "When the clause at 52.204-7, Central Contractor

Registration, is included in the solicitation, do not include the following representations and certifications: ... (i) 52.219-1, Small

Business Program Representations (Basic & Alternate I)." FAR clause 52.204-7 is inserted on page 55, but FAR clause 52.219-1 is also inserted on pages 78-80. Consequently, per FAR 4.1202, can the Government delete clause 52.219-1 from Section K.2 of this solicitation? (Q167)

53. I.1 52.204-7 (p. 55) and K.2 52.219-22 (pp. 80-81): FAR 4.1202 states, "When the clause at 52.204-7, Central Contractor

Registration, is included in the solicitation, do not include the following representations and certifications: ... (m) 52.219-22, Small Disadvantaged Business Status (Basic & Alternate I)." FAR clause52.204-7 is inserted on page 55, but FAR clause 52.219-22 is also inserted on pages 80-81. Consequently, per FAR 4.1202, can the Government delete clause 52.219-22 from Section K.2 of this solicitation? (Q168)

54. I.1 52.204-7 (p. 55) and K.2 52.222-22 (pp. 81-82): FAR 4.1202 states, "When the clause at 52.204-7, Central Contractor

Registration, is included in the solicitation, do not include the following representations and certifications: ... (o) 52.222-22, Previous Contracts and Compliance Reports." FAR clause 52.204-

7 is inserted on page 55, but FAR clause 52.222-22 is also inserted on pages 81-82. Consequently, per FAR 4.1202, can the

Government delete clause 52.222-22 from Section K.2 of this solicitation? (Q169)

55. I.1 52.204-7 (p. 55) and K.2 52.222-25 (p. 82): FAR 4.1202 states, included in the solicitation, do not include the following representations and certifications: ... (p) 52.222-25, Affirmative

52. Yes.

53. Yes.

54. Yes.

55. Yes

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 18

Action Compliance." FAR clause 52.204-7 is inserted on page 55, but FAR clause 52.222-25 is also inserted on page 82.

Consequently, per FAR 4.1202, can the Government delete clause

52.222-25 from Section K.2 of this solicitation? (Q170)

56. I.2 52.216-24 (p. 60): The Government inserts FAR clause 52.216-

24 on page 60. FAR 16.603-4(b) states, "... the contracting officer shall insert the following clauses in solicitations and contracts when a letter contract is contemplated: ... (2) The clause at 52.216-

24, Limitation of Government Liability, with dollar amounts completed in a manner consistent with 16.603-2(d)..." FAR

16.603-2(d) states, "The maximum liability of the Government inserted in the clause at 52.216-24, Limitation of Government

Liability, shall be the estimated amount necessary to cover the contractor’s requirements for funds before definitization."

However, FAR 16.603-3 states, "A letter contract may be used only after the head of the contracting activity or a designee determines in writing that no other contract is suitable." Can the

Government confirm that it has made the determination that it will in fact use a letter contract with the contractor and that this will be issued and the Contractor will need funds before definitization?

(Q171)

57. I.2 52.219-11 (pp. 60-61): The Government inserts FAR clause

52.219-11 on pages 60-61. FAR 19.811-3(a) states, "The contracting officer shall insert the clause at 52.219-11, Special 8(a)

Contract Conditions, in contracts between the SBA and the agency when the acquisition is accomplished using the procedures of

19.811-1(a) and (b)." FAR 19.811-1 states, "19.811-1 -- Sole

Source. (a) The contract to be awarded by the agency to the SBA shall be prepared in accordance with agency procedures and in the same detail as would be required in a contract with a business concern. The contracting officer shall use the Standard Form 26 as

56. No

57. No.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 19 the award form, except for construction contracts, in which case the Standard Form 1442 shall be used as required in 36.701(a)."

This is not a construction contract, but neither is this contract a

Sole Source, nor is the the form on page 1, an SF-26. Can the

Government delete clause 52.219-11 from this solicitation?

(Q172)

58. I.2 52.219-12 (p. 61): The Government inserts FAR clause 52.219-

12 on page 61. FAR 19.811-3(b) states, "The contracting officer shallinsert the clause at 52.219-12, Special 8(a) Subcontract

Conditions, in contracts between the SBA and its 8(a) contractor when the acquisition is accomplished using the procedures of

19.811-1(a) and (b)." FAR 19.811-1 states, "19.811-1 -- Sole

Source. (a) The contract to be awarded by the agency to the SBA shall be prepared in accordance with agency procedures and in the same detail as would be required in a contract with a business concern. The contracting officer shall use the Standard Form 26 as the award form, except for construction contracts, in which case the Standard Form 1442 shall be used as required in 36.701(a)."

This is not a construction contract, but neither is this contract a

Sole Source, nor is the the form on page 1, an SF-26. Can the

Government delete clause 52.219-12 from this solicitation?

(Q173)

59. I.2 52.245-2(e) (p. 64) and Section J (p. 69): The Government states, "Government property provided under this clause: See

Attachment J.4." Can the Government please provide Attachment

J.4? Section J lists 5 annexes, but none are Attachment J.4, and none contain a list of property. (Q175)

60. K.2 52.204-3 (pp. 70-71) and I.1 52.204-7 (p. 55): The

Government inserts FAR clause 52.204-3 on pages 70-71. FAR

4.905 states, "The contracting officer shall insert the provision at

58. No.

59. There is no J.4.

60. No.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 20

52.204-3, Taxpayer Identification, in solicitations that— (a) Do not include the clause at 52.204-7, Central Contractor

Registration; and (b) Are not conducted under the procedures of

Part 12." FAR clause 52.204-7 is, in fact, included in the solicitation in Section I.1 at page 55. FAR 12.000 states, "This part prescribes policies and procedures unique to the acquisition of commercial items." Therefore, this acquisition is not conducted under the procedures of Part 12, since this is not an acquisition of commercial items. Consequently, per FAR 4.905, can the

Government delete clause 52.204-3 from Section K.2 of this solicitation? (Q179)

61. RFP, C.3.3 (p. 14): 22 CFR 228.33 states, "Firms operated as commercial companies or other organizations (including nonprofit organizations other than public educational institutions) which are wholly or partially owned by foreign governments or agencies thereof are not eligible for financing by USAID as contractors or subcontractors, except if their eligibility has been established by a waiver approved by USAID in accordance with Sec. 228.54." Can the Government clarify if the Offerors and Contractors may propose and utilize subcontractors which are foreign non-profit

NGOs or other foreign non-profit entities not owned by a foreign government (and which are not excluded parties in the EPLS) with relevant qualifications, for work which is to be performed under the contract but which would not be paid under the contract (for example, the foreign non-profit NGO or foreign non-profit entity would pay for its own costs associated with performing the work or have its work paid for by other than this contract)? May such subcontractors be owned by a foreign government? If so, will the

Government provide a waiver approved by USAID in accordance with 22 CFR 228.54? (Q35)

62. I.1 52.204-4(b) (p. 55): The Government states, "... the Contractor

61. Yes. Foreign entities that are not owned by a foreign government and who possess the relevant qualifications may be used as subcontractors.

However, they cannot be owned in part or in whole by a foreign government or foreign agency.

Waiver are discussed on a case by case basis

POST AWARD.

62. Yes.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 21 is encouraged to submit paper documents, such as offers ...

double-sided on recycled paper ... when not using electronic commerce methods to submit information or data to the

Government." Can the Government clarify if Offerors are to follow the directions of FAR 52.204-4(b) when submitting their offers to the Government? (Q198)

63. I.1 52.219-6 (p. 56): FAR 19.508(c) states, "The contracting officer shall insert the clause at 52.219-6, Notice of Total Small

Business Set-Aside, in solicitations and contracts involving total small business set-asides." Since this is an 8(a) set-aside and not a

Total Small Business Set-Aside, this clause should be deleted from the solicitation. (Q199)

SUBCONTRACTORS/SUBCONTRACTS

64. RFP, C.3.3 (p. 14): 22 CFR 228.33 states, "Firms operated as commercial companies or other organizations (including nonprofit organizations other than public educational institutions) which are wholly or partially owned by foreign governments oragencies thereof are not eligible for financing by USAID as contractors or subcontractors, except if their eligibility has been established by a waiver approved by USAID in accordance with Sec. 228.54." Can the Government clarify if the Offerors and Contractors may propose and utilize subcontractors which are foreign non-profit

NGOs or other foreign non-profit entities not owned by a foreign government (and which are not excluded parties in the EPLS) with relevant qualifications, for work which is to be performed under the contract but which would not be paid under the contract (for example, the foreign non-profit NGO or foreign non-profit entity would pay for its own costs associated with performing the work or have its work paid for by other than this contract)? May such

63. No

64. See Answer 61, above.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 22 subcontractors be owned by a foreign government? If so, will the

Government provide a waiver approved by USAID in accordance with 22 CFR 228.54? (Q35)

65. RFP, C.3.3 (p. 14): Can the Government clarify if the Offerors and

Contractors may propose and utilize subcontractors which are foreign non-profit NGOs or other foreign non-profit entities not owned by a foreign government (and which are not excluded parties in the EPLS) with relevant qualifications, for work paid under the contract? May such subcontractors be owned by a foreign government? If so, will the Government provide a waiver approved by USAID in accordance with 22 CFR 228.54? (Q36)

66. RFP, C.3.3 (p. 14): Can the Government clarify if the Offerors and foreign government ministries or agencies (and which are not excluded parties in the EPLS) with relevant qualifications, for work which is to be performed under the contract but which would not be paid under the contract (for example, the foreign governmental organization/entity would pay for its own costs associated with performing the work or have its work paid for by other than this contract)? 22 CFR 228.33 states that the prohibition to subcontract, "does not apply to foreign government ministries or agencies." (Q37)

67. RFP, C.3.3 (p. 14): Can the Government clarify if the Offerors and foreign government ministry or agencies (and which are not excluded parties in the EPLS) with relevant qualifications, for work paid under the contract? 22 CFR 228.33 states that the prohibition to subcontract, "does not apply to foreign government ministries or agencies." (Q38)

65. Please see Answer 61, above.

66. Please see Answer 61, above.

67. Please see Answer 61, above.

March 15, 2012 USAID Global Health Technical Assistance -- RFP# SOL-OAA-12-000025 -- Questions Page 23

68. RFP, C.6.9 (p. 26): The Government states, "The subcontracts will support areas of strategic interest to ... other parts of the Agency, and have the ability to hire technical experts to provide technical leadership and support to ... other areas within USAID." Can the

Government please clarify under what conditions subcontracts either supporting areas of strategic interest to other parts of

USAID or which provide technical leadership and support to other areas within USAID would be considered within scope of this

Contract? (Q112)

69. H.4 (pp. 44-45): Can the Government please confirm that as it does not have privity with the subcontractors of the Prime

Contractor, the provisions of Section H.4 do not apply to subcontractors? If this is incorrect, and H.4 does apply to subcontractors, how do subcontractors perform the certification required in Section H.4(a)(1), either if the subcontractor is domestic U.S.