Questions_&_Answers-Final.pdf

Modification 02

SOL-OAA-17-000108

Energy II IDIQ

Questions and Answers

1. Question: RFP/TO1 - Pages, 2 and 59 (RFP) and 26 (TO) - Cover Letter, Section H.20 of RFP and H.3 of TO 1 - The cover letter states that the Geographic Code for any task order will be 937, but Section H of both the IDIQ and TO 1 state the Geographic Code is 935. Can USAID please clarify?

USAID Response: The correct Geographic Code is 935. The cover letter has been updated to reflect the correct code.

2. Question: RFP, Page 10, Section B.6.5 - It is clear that the IDIQ Manager time doing IDIQ Management is not to be directly billed. Would the IDIQ Manager be precluded from working in a technical or managerial role on Task Orders?

USAID Response: IDIQ Manager is not precluded from working in a technical or managerial role on task order as long as they can maintain their role as the IDIQ manager throughout the IDIQ’s period of performance.

3. Question: RFP, page 94, Attachment J.3 is listed as “Past performance information and Matrix,” but the attachment is the short-form CPR. Is there a separate matrix that offerors could complete and can USAID provide a template?

USAID Response: Attachment J. 3 has been revised to read Contractor Performance Report - Short - Term.

4. Question: RFP, page 111, Sections K.15 and K.16 - Please confirm that K.15 and K.16 do not need to be submitted by organizations not proposing Key Personnel.

USAID Response: Sections K.15 and K.16 are required for organizations proposing Key Personnel under the Smart Utilities and Sector Reform Task (See Attachment J.1).

5. Question: RFP, pages 117, 120, Sections L.7 of RFP and B.5 of TO 1 - The second paragraph of L.7 defines a major subcontractor as exceeding 20% of total proposed cost for TO 1. In other places major is defined as 30% of cost and/or as 20% of LOE. Could USAID please specify which is the correct percentage and measurement (i.e., cost or LOE)?

USAID Response: Major subcontractors are those expected to perform at least 20 percent or a prominent part of the technical effort. Major subcontractors are entities envisioned as performing 20% of work for the overall IDIQ contract. The RFP has been revised to reflect this definition.

6. Question: RFP, page 117, Section L.7 (preamble) - The preamble to L.7 mentions that “all major subcontractors will need approval by the IDIQ CO…” even though H.18 (at pg. 58) does not make a distinction between major and non-major subcontractors. Can USAID clarify?

USAID Response: H.18 has been revised to reflect major subcontractors.

Energy II IDIQ

7. Question: RFP, page 117, Section L.7 (a) - Is item I a cover page or a one page cover letter?

USAID Response: Item I is title page and item II is cover letter. Please see revision to the RFP.

8. Question: RFP, page 118, Section L.7 (a) - In the intro sentence to what is excluded from the page limit, it states that the page limit is 35 pages. Can USAID confirm that this should be 37 pages, as stated elsewhere, and in Amendment 01 of the RFP?

USAID Response: The page limitation has been revised to 121 to include all annexes. Please see Section L.7 for revision.

9. Question: RFP, page 118, Section L.7 (a) - The last paragraph states that “all information must be referenced in the technical proposal and summarized and included in the annex section.”

Does this mean that the summary goes in the annex section or within the page limits of the technical proposal?

USAID Response: The sentence has been revised to read: “All information from the annexes must be referenced or summarized in the technical proposal.” All references or summaries of material in the annex should be included within the page limit of the technical proposal.

10. Question: RFP, pages 118 and 122, Sections L.7 (a) VIII and L.7 (b) 4 - The list of annexes on page 118 calls for “Annex B. Task Order Other Personnel Resume, References, and Letters of Commitment.” However, the detailed instructions on page 122 only call for resumes. Are references and letters of commitment required for personnel being bid in Annex B?

USAID Response: References and letters of commitment are not required for other personnel.

11. Question: RFP, page 118 and 122, Sections L.7 (a) VIII and L.7 (b) 4 -The list of annexes on page 118 states that Annex B pertains to the Task Order, but the detailed instructions do not specify.

Are offerors to present CVs here only for non-key personnel being offered for the Task Order?

USAID Response: Yes, CVs presented in Annex B for non-key personnel are only for the Task Order.

12. Question: RFP, page 121, Section L.7 (b) 3. (d) - Does the description of performance in using small business concerns fall within the page limit of the technical proposal or Annex F? If an expanded discussion is to appear in the Annex, may we have 25 pages to describe our past performance and a five additional pages to provide the information on our use of small businesses?

USAID Response: As noted in Section L.3(a), the Contractor Past Performance (not to exceed 5 pages) should include a summary of past performance information in the Technical Proposal. More detailed information can be included in Annex F Past Performance Information, subject to the 25 page limitation.

13. Question: RFP, page 122, 123, Section L.7 (b) 4 - The RFP states: “The Offeror may include a chart of its teaming arrangement, a staffing organogram, and a matrix of all subcontractors and their significant personnel, along with their relevant skills, experience and proportion of time they will dedicate to this Task Order.” We understand the staff to be shown here are only those who will work on the Task Order. Are we correct in assuming that we are to include relevant skills and experience for the “Other Personnel” whose resumes will be contained in Annex B?

USAID Response: Yes, the Offeror can include relevant skills and experience for the “Other Personnel.”

14. Question: RFP, page 123, Section L.7 (b) 4 - Annex D – Core Team. The instructions here do not include the words “Task Order” as was done for Annexes A, B, C. Does “Core Team” relate to the Task Order or the offeror’s team for the IDIQ at large?

USAID Response: The “Core Team” refers to the Offeror’s team for the IDIQ at large. Annexes A, B, and C refer specifically to the Task Order.

15. Question: RFP, page 123, Section L.7 (b) 4 - The RFP states “The Offeror may utilize this Annex to provide additional detailed information regarding the core business capabilities for itself and the selected Core Team.” Here and elsewhere, USAID references the offeror’s “core team.”

Could you define what this means, please?

USAID Response: Reference to “core team” has been removed. The RFP has been revised to reflect this.

16. Question: RFP, page 124, Section L.8 Part 2 (b) - Second paragraph states “Indirect rates proposed cannot be higher than the rates established in NICRA”. Does this refer to rates proposed for the Task Order, or the IDIQ Table 4, section B.6.7? It seems appropriate to the Task Order.

USAID Response: It refers to both, the IDIQ and the Task Order. Offerors are required to complete Table 4 in Section B.7 for the IDIQ which request offerors to provide their current indirect rates (which must not exceed their established NICRA), and their proposed indirect ceiling rates.

17. Question: RFP, page 126, Section L.8 Part 2 (d) - Does the Labor Overview Chart paragraph refer to the overall IDIQ or the Task Order? It seems appropriate to the Task Order.

USAID Response: The Labor Overview Chart in this section is specific to the IDIQ.

18. Question: RFP, page 126, Section L.8 Part 2 (d) - Can USAID clarify if the Labor Overview Chart is for only “major” subcontractors, or “all” subcontractors, as both are referenced?

USAID Response: The Labor Overview chart should include only the prime and major subcontractor information.

19. Question: RFP, page 130, Section L.7, Part 4 - There appears to be no Part 4. Can USAID clarify if a section was left out and if so, to provide the left-out information?

USAID Response: Section L.8 has been revised to correct the numbering error.

20. Question: RFP, page 133, Section L.8 Part 12 - Can USAID confirm if letters of commitment are required for all subcontractors or just major ones, as the heading and the paragraph disagree?

USAID Response: Letter of commitment is required only for major subcontractors.

21. Question: Attachment J.1 TO1, pages 3 and 16, Sections B.8 (c) and F.5 b. - Section B and F both mention the ceiling price of Line Item 2. Could USAID please explain what Line Item 2 is?

USAID Response: Reference to Line Item 2 has been removed.

22. Question: Attachment J.1 TO1, page, 9, Item (10) - Last sentence describes procurement of materials for grid expansion and construction of small-scale infrastructure. While we appreciate there may be a tremendous need for such works, we suggest it be clarified, based on our reading of section C.6.5 (page 22) of the RFP. If USAID is interested in using TO 1 to fund construction, we suggest that a plug figure be included, as was done by USAID for the TO 1 Travel costs, and Other Direct Costs.

USAID Response: Reference to construction of small-scale infrastructure has been removed from Attachment J.1.

23. Question: Attachment J.1 TO1, page 16, Section F.5 a. - This section establishes a ceiling for work days ordered. How will that be set? Referring to the table on the following page, is the ceiling the total of the entire table over the full term, or is it an annual total, or is it a total by labor category?

USAID Response: The ceiling is the total of level of effort over the full term.

24. Question: Attachment J.1 TO1, page 20, Section F.8 - Describes a process by which funds will be added. Is the illustrative work order described in J.2 Engendering Utilities an example case?

USAID Response: The illustrative work order described in J.2 Engendering Utilities is an example of the type of activity for which funds could be added to Task Order 1.

25. Question: RFP, pages 122 and 123, Section L.7 (b) 4 - The RFP states: “The Offeror may include a chart of its teaming arrangement, a staffing organogram, and a matrix of all subcontractors and their significant personnel, along with their relevant skills, experience and proportion of time they will dedicate to this Task Order.” Can USAID confirm if the "matrix" is only for subcontractors, or is the matrix to include the entire team and their staff - the Offeror and its subcontractors?

USAID Response: The matrix should include the entire team and their staff.

26. Question: Page Limitations: There appears to be an inconsistency in the maximum number of pages allowed for the technical proposal. In Section L.7.a (Page 117) indicates that the “technical proposal page count is limited to 37 pages” and again in Section L.7.b.4 states “the Annexes do not count towards the overall 37-page limitation for the Technical Proposal.” Does only Annex F count towards the 25-page annex limit?

USAID Response: The page limitation has been revised to 121 to include all annexes. Please see Section L.7 for revision.

27. Question: Section L.7.b.4 - Does Appendices equate to the Annexes?

USAID Response: Yes

28. Question: Geocode: In the Solicitation Letter (page 2) the Geocode is shown to be 937 while in section H.20 (page 59) a geocode of 935 is shown. Please affirm both Geocodes will be used.

USAID Response: The correct Geographic Code is 935. The cover letter has been updated to reflect the correct code.

29. Question: Major Subcontractor Definition: Section L.7 (Page 117) states “Major subcontractors are those whose proposed cost exceeds 20% of the offeror’s total proposed cost for the Task Order 1.” While in section L.7.b.2 (Page 120), it states “each major subcontractor under Task Order 1 (defined as one whose costs exceed 30% of the Offeror’s total proposed cost for Task Order 1)”. Please confirm what is the intended threshold amount in the RFP.

SAID Response: Major subcontractors are those expected to perform at least 20 percent or a prominent part of the technical effort. Major subcontractors are entities envisioned as performing 20% of work for the overall IDIQ contract. The RFP has been revised to reflect this definition.

30. Question: Letters of Credit: Section G.9 (page 46) includes AIDAR 752.232-70, which requires payment through a Letter of Credit account. Has USAID’s Chief Financial Officer (CFO) already been consulted about the use of Letters of Credit (LOCs) for fee or profit contracts as provided for in AIDAR 752.232.70.

USAID Response: Section G.9 752.232-70 Letter of Credit Advance Payment. (MAR 2015) has been deleted.

31. Question: AIDAR 752.231-72: Section H.1 (page 49) lists AIDAR 752.231-72 (Aug 2013).

This clause is not available on the FAR Site. It appears that the reference was last updated online in July 2016. Would USAID kindly confirm if the 2013 version of the clause or the ‘updated’ 2016 clause will be the one referenced for the bid?

USAID Response: This clause is found in USAID Acquisition Regulation (AIDAR). 2013 is the only version of the clause found in AIDAR. For ease of reference, below is the link for AIDAR:

https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

32. Question: General / Fair Opportunity: Section F.6.1 (Page 31) states that each contractor must have a “fair opportunity to be considered for each task orders over $3,500”. In Sub-section (b) (Page 31) lists exceptions which are similar to the exceptions that allow sole source procurements.

Would USAID please provide its rationale for this added layer of detail?

USAID Response: Sub-section (b) provides the exception for sole-source task order if the task order is above $3,500. These exceptions are in accordance with FAR Part 16.

33. Question: Incumbents: Since the Task Order and Illustrative Work Order closely resemble existing programs being implemented by two incumbents, there is a risk that they will have a competitive advantage. How will USAID ensure an even playing field?

For example:

● Technical Approach – “Offerors will be evaluated based on the extent to which the Technical Approach reflects a clear understanding of the underlying problems impacting power sector performance and offers a strategic approach to address them to achieve key https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf sector objectives. The Technical Approach will be evaluated on the extent to which its proposed plan can be realistically implemented, monitored, and result in measurable, gender-equitable impact.”

○ Clearly incumbents already will have addressed these issues based on comments from USAID on their work plans and M&E plans. Additionally, since the second task is to build upon what the incumbent did under NON-CPC IDIQ I, the incumbent has an even greater advantage. This has implications for cost as well since they have been working with those utilities.

● Past Performance – “USAID will initially determine the relevance of similar past performance information as a predictor of probably performance under the subject requirement. USAID may give more weight to performance information that is considered more relevant and/or more current”. Similarly, the two incumbents will be able to use PPRs that are directly related to the Illustrative Task Order and Call Order.

USAID Response: To ensure all Offerors have sufficient information about past USAID activities for their Technical Approach, USAID will provide a list of all deliverables for the Sector Reform and Utility Commercialization program as well as the Engendering Utilities activity under the Energy Sector Technical Leadership program as an attachment. These will include work plans and M&E plans. These documents are available on the DEC.

With respect to Past Performance, USAID is concerned with both the relevancy of an Offeror’s past work and the quality of its performance. While the Task Order and Illustrative Work Order resemble existing programs, their scope is sufficiently broad that the past work of Offerors can be deemed comparably relevant. Similarly, the relevancy of the work of an incumbent is not a guarantee of the quality of their performance.

34. Question: Task Order vs. Illustrative Work Order: Re the Technical Approach evaluation clause: in Section M.2 (a) (Page 135) it states, “The Technical Approach will be evaluated on the extent to which the proposed plan for the Illustrative Work Order tasks demonstrates a realistic and effective approach to expand and capture the results of the Engendering Utilities program in line with USAID’s objectives.” Would USAID please provide further guidance on how much emphasis Offerors should place on understanding the more general needs identified in the Task Order vs. the more specific needs identified in the Illustrative Work Order in the allotted 10 pages of the Technical Approach?

USAID Response: The focus of the Technical Approach should be on the more general needs identified in the Task Order.

35. Question: B.6.3 Subcontractor rates, page 9. May non-major subcontractors that do not have NICRAs, cognizant Government audit agencies, and/or accounting systems deemed adequate for cost contract accounting, be proposed as firm fixed price labor hour or time and materials (i.e. fully burdened rates), rather than cost reimbursable (similar to individual consultants)?

USAID Response: Yes, non-major subcontractors may be proposed as firm fixed price labor hour or time and materials.

36. Question: F.2 page 26, and L. For pricing purposes and purposes of obtaining the required personnel commitments, please specify the anticipated dates of contract award and task order commencement of performance.

USAID Response: USAID anticipates awarding the IDIQ and Task Order by September 30, 2018.

37. Question: B.7. Indirect costs, Table 4, page 10.Are small businesses required to propose “ceiling” indirect rates?

USAID Response: No, small businesses are not required to propose ceiling on indirect rates. The RFP has been revised to reflect this change.

38. Question: Some subcontractors may consider their indirect structure and rates to be proprietary, and will provide only directly to the Government. Accordingly, can USAID please provide a procedure for direct submittal of this information coincident with proposal submittal?

USAID Response: Subcontractors who consider their indirect structure and rates to be proprietary, can submit their rates directly to the Government following the same instructions provide to the prime in Section L of the RFP. The title of the e-mail including this supporting documentation must clearly identify the name of the Prime contractor whose cost proposal this information will be supplementing.

Please note that at the time of award, major subcontractor’s indirect rates and ceiling on indirect rates will be included in the Prime’s IDIQ award.

39. Question: L.7 (b)4 Annexes A and E, item 3), Personnel Commitment, page 122-123. These sections require offerors to provide for key personnel: a signed letter of commitment from the candidate indicating his/her: (a) availability to serve in the stated position, in terms of days after award; (b) intention to serve for a stated term of the service; The letter of commitment must specify the length of commitment to the position.

a. Does USAID have a minimum acceptable “days after award” requirement?

b. Does USAID have a minimum acceptable “length of commitment” requirement?

USAID Response: USAID does not have minimum number of “days after award” or “length of commitment” requirements.

40. Question: L.8 Part 3 (Task Order) - This section (throughout) references “core” team members.” For example, (c) page 127 requires “… one tab for each core team member/each subcontractor proposed….” Does USAID intend the term “core team member/each subcontractor” to mean the same thing as “major subcontractor” as defined elsewhere in the proposal? If not, please define “Core”

USAID Response: Reference to “core team” has been removed. The RFP has been revised to reflect this.

41. Question: Some subcontractors may consider their indirect structures and rates to be proprietary, and will provide only directly to the Government. Accordingly, can USAID please provide a procedure for direct submittal of this information coincident with proposal submittal?

USAID Response: Subcontractors who consider their indirect structure and rates to be proprietary, can submit their rates directly to the Government following the same instructions provide to the prime in Section L of the RFP. The title of the e-mail including this supporting documentation must clearly identify the name of the Prime contractor whose cost proposal this information will be supplementing.

Please note that at the time of award, major subcontractor’s indirect rates and ceiling on indirect rates will be included in the Prime’s IDIQ award.

42. Question: L.8 Part 3 (Task Order) (d) Indirect Costs, Page 129. This paragraph states: The Offeror and each proposed subcontractor shall include a complete copy of its most current Negotiated Cost Rate Agreement (NICRA) or other documentation from offeror’s cognizant U.S.

Government audit agency, if any, stating the most recent final indirect cost rates. Please confirm that this applies to only major subcontractors.

USAID Response: This applies to all subcontractors (not just major) who are proposed as part of Smart Utilities and Sector Reform Task Order budget. If the offeror is proposing an indirect rate for any of its proposed subcontractor, they must submit a complete copy of its most current Negotiated Cost Rate Agreement (NICRA) or other documentation from offeror’s cognizant U.S. Government audit agency, if any, stating the most recent final indirect cost rates. If the subcontractor does not have a NICRA, the offeror must submit other documents required in Section L.8, Part 3, Indirect Rates.

43. Question: What supporting documentation, if any, is required for subcontractors who are priced on a fixed fully burdened labor rate basis (e.g. Time and Materials)?

USAID Response: Offeror must submit any supporting document that explains the rationale for the proposed rate.

44. Question: The cover letter to the solicitation states the authorized geographic code for procurement of goods and services as 937. However, per Section H.20 of the IDIQ and Section H.3 of the Task Order, the authorized geographic code is 935. Please confirm.

USAID Response: The correct Geographic Code is 935. The cover letter has been updated to reflect the correct code.

45. Question: Would USAID please provide an anticipated effective date for the IDIQ contract and start date for the initial Cost-Plus-Fixed-Fee (“CPFF’) Term task order?

USAID Response: USAID anticipates awarding the IDIQ and Task Order by September 30, 2018.

46. Question: For consistency, would USAID please insert “calendar” days for all Deliverables & Reporting Requirements, where applicable, in the IDIQ and first task order for example, Section H.27 Grants Under Contracts (GUCs) (top of page 65) of the IDIQ and Section F.7(a), (d) Reports and Deliverables of the task order, etc.

USAID Response: In accordance with FAR Subpart 2.1 – Definitions, “day” means, unless otherwise specified, a calendar day.

47. Question: Section I. Upon review, it appears that the following contract clauses have not been updated:

Clause Number Date

52.204-13 OCT 2016

752.204-2 FEB 1999

752.204-72 AUG 2013

752.225-70 Source and Nationality FEB 2012

752-226-2 APR 1997

752.231-71 Salary Supplements for Host Government Employees MAR 2015

USAID Response: FAR 52.204-13, AIDAR 752.204-2, AIDAR 752.231-71, and AIDAR 752.204-72 have been updated. AIDAR 752.225-71 has been deleted since AIDAR 752.225-70 is already included in Section H. AIDAR 752-226-2 does not exist.

48. Question: Section C.6.5 Construction. For task orders requiring A&E services and/or construction services, would USAID please advise if applicable contract clauses will be incorporated under the individual task order?

USAID Response: Applicable contract clauses for A&E services and/or construction services will be incorporated under the individual task order requiring those services.

49. Question: Section C.4 lists seven technical service activities on page 14 and expands on six of these seven activities on pages 15-19. The activity “facilitating financing for energy” listed on page 14 does not have an expanded description included on pages 15-19. Would USAID confirm whether an expanded description for “facilitating financing for energy” is missing?

USAID Response: Inclusion of the bullet for “facilitating financing for energy” was a mistake and has been removed. Section C.4.d incorporates illustrative tasks related to finance.

50. Question: Section L.7 states that the page limit for the Technical Proposal is 37 pages. Can USAID please confirm whether the Cover Page (not to exceed one page) and Executive Summary (not to exceed two pages) are included within this limitation?

USAID Response: The page limitation has been revised to 121 to include all annexes. Please see Section L.7 for revision.

51. Question: Section L.7 (pages 117-118) lists the required components and order of the Technical Proposal, including Annex B. Task Order Other Personnel Resume, References, and Letters of Commitment. However, on page 122, Annex B is listed as “Other Personnel Resumes/CVs” and does not make any mention of References or Letters of Commitment. Would USAID please confirm that Annex B should comprise only of Task Order Other Personnel CVs?

USAID Response: Yes, Annex B only needs to include resumes/CVs.

52. Question: Section L.7.4 Technical Proposal Annexes describes items that may comprise Annex C – Task Order Management Charts, including a “matrix of all subcontractors and their significant personnel” for the Task Order. Could USAID confirm that this matrix may include significant personnel not only for the proposed subcontractor personnel but for the Prime Offeror as well?

USAID Response: Confirmed.

53. Question: Section L.7.4 Annex F – Past Performance Information has a 25 page limit.

However, Attachment J.3 Contractor Performance Report allows Offerors to include Project

Description information up to 200 words. This means that once completed, each Performance Report may be 1-2 pages at most or 5-10 pages total for the five selected contracts. Are Offerors to assume that the remaining 10-15 pages allotted to Annex F are to be used to respond to Section L.7.3 requirements beginning with “2. For all contracts listed above that are not in CPARS…” and ending with Performance Using Small Business (SB) Concerns requirements?

USAID Response: Yes.

54. Question: Section C.4 of Attachment J.1 describes the personnel qualifications and experience for the Task Order. Would USAID please clarify whether the personnel position (f) Short Term Technical Assistance (“STTA”) refers to one specific position and that Offerors should propose one individual, or that Offerors may propose a pool of STTA candidates?

USAID Response: Short Term Technical Assistance (“STTA”) refers to a pool of candidates.

55. Question: Section K.2 52.204-8 (page 95) – Would USAID provide an update of clause 52.204-8 Annual Representations and Certifications (NOV 2017)?

USAID Response: FAR 52.204-8 has been updated.

56. Question: Would USAID consider a six-day workweek for short-term assignments in the field for the Task Order?

USAID Response: A six-day workweek will be approved on case by case basis at the task order level after award.

57. Question: Section B.7 (b) Table 4 requires offerors to provide indirect cost and ceiling information for the prime contractor and major subcontractors. Please confirm that this applies only to the Task Order.

USAID Response: Section B.7(b) is required at the IDIQ level and will apply to all task orders issued under the Energy IDIQ II.

58. Question: Section L.8. Can USAID please confirm that cost proposal attachments required for subcontractors (e.g. Section K, SF LLL, Information Concerning Work-Day/Work-Week, Evidence of Responsibility) as well as L.8. Part 2 (d) refers only to subcontractors for the Task Order?

USAID Response: L.8 Part 2 (d) is required only for the IDIQ. However, Section K, SF LLL, Information Concerning Work-Day/Work-Week, Evidence of Responsibility is required for both the IDIQ (only major subcontractors) and all subcontractors at the Task Order.

59. Question: Would USAID clarify the apparent discrepancy between the definitions of a major subcontractor (20% vs. 30% of Task Order #1 Total) provided in the opening paragraph in Section L.7 and in Section (b)3(a) of L.7 (pg. 120)?

USAID Response: Major subcontractors are those expected to perform at least 20 percent or a prominent part of the technical effort. Major subcontractors are entities envisioned as performing 20% of work for the overall IDIQ contract. The RFP has been revised to reflect this definition.

60. Question: Section B.8(c) of Attachment J.1 references the ceiling price of Line Item 2. Would USAID please confirm which line item this is in reference to?

USAID Response: Reference to Line Item 2 has been removed.

61. Question: What is the anticipated award date for the Energy IDIQ II and the Smart Utilities and Sector Reform (SUSR) Task Order (TO)?

USAID Response: USAID anticipates awarding the IDIQ and Task Order by September 30, 2018.

62. Question: The SUSR TO will provide a vehicle for USAID Operating Units to secure services through buy-ins. Small business holders of the IDIQ may be disadvantaged, as this buy-in feature is likely to reduce the number of future task orders that will fall within the SB threshold of the IDIQ and thus be reserved to small businesses. It would seem that this task order would circumvent the intention of the IDIQ to engage small business by directing that activities funded below $3 million are solely reserved for small businesses. Would USAID kindly consider either making the SUSR TO an illustrative task order, or restricting its award to one of the small businesses receiving the IDIQ award per the Small Business exception to Fair Opportunity under Section F.6.1 of the RFP?

USAID Response: SUSR TO cannot be an illustrative task order and remains unrestricted.

63. Question: The cover letter states that “The Authorized Geographic Code for procurement of goods and services under any task order issued under this IDIQ Contract is 937.” Page 59, Section H.20, then states “The authorized geographic code for procurement of goods and services under this contract is 935 for the prime contract and its subcontractors or as specified in Task Orders.”

Attachment J.1: Smart Utilities and Sector Reform Task Order Proposal (RFTOP), page 26, Section H.3, also states “The authorized geographic code for this procurement of services is 935. In accordance with ADS 310.3.1.1 3), revised March 20, 2013, code 935 is any area or country including the recipient country, but excluding any country that is a prohibited source.” Please confirm that the Authorized Geographic Code for both the IDIQ and the SUSR TO is 935.

USAID Response: Please see the response for question #1.

64. Question: Pages 4-5, Section B.5 FIXED FEE CEILING (Cost-Plus- Fixed-Fee Task Orders Only), states that “(e) Fees must not be applied to Grants under Contracts (GUCs).” Would USAID kindly reconsider this clause of the Energy IDIQ II consistent with FAR 15.404-4 and ADS 302.3.6.9, which state, inter alia, that pre-negotiation fee objectives must be determined according to a structured approach that considers contractor effort, risk, and other special factors? Grants require significant effort to administer and carry risks for the contractor. Additionally, the statutory underpinnings of fixed fee at 10 USC 2306(d) and 41 USC 254(b) discuss fee definitions and limitations in terms of total estimated cost, which would include grants in this case. Given these factors, we respectfully request that USAID reconsider its pre-negotiation fee objective of zero (0) percent on grants under this IDIQ, and allow offerors to charge a fee on grants under contract within relevant fee ceilings on GUC costs established in the IDIQ. It would be reasonable for USAID to request offerors to propose a ceiling on their fee on GUCs under the IDIQ (e.g., one fee ceiling if issued a Letter of Credit and one fee ceiling if NOT issued a Letter of Credit), as USAID has done on previous and current IDIQs.

USAID Response: Fees must not be applied to Grants under Contracts (GUCs).

65. Question: Page 22, Section C.6.5 Construction, states that “Total construction related interventions must be less than 30% of the total value of any task order and no more than $5 million in total.” Can USAID kindly confirm that the procurement of stand-alone, off-the-shelf equipment will be considered outside the costs of construction-related interventions for purposes of this 30 percent ceiling?

USAID Response: The footnote on page 22 of the RFP states “Procurement of stand-alone, off-the-shelf equipment will be considered outside the costs of construction, unless otherwise specified in the Task Order.”

66. Question: The following two paragraphs on Page 22, Section C.6.5 Construction may appear to be inconsistent with the first two preceding paragraphs under the same heading: “Under this IDIQ, and consistent with USAID policy, design and construction must be performed through separate contracts. Thus, where construction is included, architecture and engineering (“A&E”) plans must be obtained independently of the task orders. Sources of A&E plans may include local governments. If USAID requires both A&E services and construction to be performed under a single task order, the issuing operating unit must process a FAR 36.209 Individual Deviation Waiver before issuing a request for task order proposal (“RFTOP”).” Please clarify or confirm that these two paragraphs do not apply to “ancillary construction activities including for rehabilitation and restoration of services” such as “small-scale interventions, including but not limited to small-scale generation facilities (e.g., micro-hydro), mini-grid systems, and distribution lines”, which are allowed under task orders under the IDIQ subject to certain dollar and percentage limitations, per the first two paragraphs under C.6.5 Construction.

USAID Response: These two paragraphs apply to all construction that could be conducted under this

IDIQ.

67. Question: Page 32, Section F.6.1 (b), Fair Opportunity Exceptions, under Small Business Reserve, states “All task orders issued under this IDIQ greater than $3,500 but less than or equal to $3,000,000 must be competed first with any category of small or small disadvantaged business contract holders.” Would USAID kindly consider increasing the small business reserve threshold to be more in line with the small business reserve for recent similar IDIQs (e.g., $5M under the Power Africa Expansion IDIQ)?

USAID Response: The small business reserve will remain $3,000,000.

68. Question: Page 32, F.6.1 GENERAL/FAIR OPPORTUNITY, Small Business Reserve, states:

“If the small business concern receives a set-aside award reserved for small businesses, the concern must perform in accordance with FAR 52.219-14, Limitations in Subcontracting whereby at least 50% of small business employees must perform the services for the task order. If the small business receives an award in the unrestricted portion, it is not subject to FAR 52.219-14, Limitations in Subcontracting.” Please confirm that the FAR 52.219-14, Limitations in Subcontracting applies to small-business set aside task order awards but does not apply to unrestricted task order awards to small businesses under the IDIQ. Also please confirm that the FAR 52.219-14, Limitations in Subcontracting, will not apply to small business primes at the IDIQ level.

USAID Response: FAR 52.219-14, Limitations in Subcontracting applies to small-business set aside task order awards but does not apply to unrestricted task order awards to small businesses under the

IDIQ. It does apply to small business primes at the IDIQ level if the small business is competing to receive one of the IDIQ awards reserved for small business concerns.

69. Question: Page 41, Section F.7 (b)-states F.7(b) that new subcontractors require Contracting Officer consent. Does this requirement apply to lower tier subcontractors (i.e., subcontractors of an approved subcontractor)?

USAID Response: Per FAR 44.101, “‘Subcontractor’ means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.”

Therefore, CO consent would be required on any subcontractors of approved subcontractors and so on.

70. Question: Pages 49-50, H.3 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION, states “Annual Salary Increases (e.g. cost of living and merit increases and other) of three (3) percent ceiling of the current labor pool may be granted once a year. Salary adjustments additional to salary increases for local staff may be implemented out of cycle, if the adjustments are made in response to U.S. Mission adjustments to the local compensation plan (LCP).

Annual salary increases of any kind exceeding these limitations or exceeding the maximum salary in Section H.3 (a) may be granted only with the advance written approval of the Contracting Officer.”

a. Please clarify what “current labor pool” refers to here (e.g., not exceeding an average of 3% in overall increases to the total direct labor costs for all TO staff);-

USAID Response: Current labor pool is referring to task order staff that are currently working on that particular task order.

b. With regard to the statement that “Salary adjustments additional to salary increases for local staff may be implemented out of cycle, if the adjustments are made in response to U.S.

Mission adjustments to the local compensation plan (LCP),” kindly confirm what “out of cycle” means here. Also kindly confirm that off-cycle salary increases are authorized for all Task Order staff if they are in response to the Contractor’s official policies; and

USAID Response: Out of cycle means outside of the anniversary date of the the employee’s salary increase. Out of cycle salary increases are authorized pending Task Order Contracting Officer’s (TOCO) approval.

c. Kindly consider revising this limitation to a maximum (not an average) of 5%, to avoid approval requests that would place undue administrative burdens on USAID and contractors, while providing more room for contractors to implement their established policies and procedures with respect to personnel performance evaluations, promotions, and increases for merit/inflation.

USAID Response: USAID has increased the ceiling to five (5) percent.

71. Question: Page 58, Section H.18 SUBCONTRACTING CONSENT, states The below tables presents the subcontractors that received IDIQ’s Contracting Officer consent: [To Be Completed at Award]”, and page 132, Part 11 - Consent to Subcontractors, states “The Offeror must address each of the elements in FAR 44.202-2 in order for proposed subcontractors to be considered by the contracting officer for consent of subcontractors to be granted with the initial award of Task Order 1.” Please clarify if offerors are allowed to submit Consent to Subcontractors requests for all subcontractors proposed for the Energy IDIQ II, or only for subcontractors proposed for Task Order 1, noting that having core or all subcontractors approved at the IDIQ level would reduce the administrative burden (on both sides) of requesting subsequent consents for the same subcontractors at the task order level and would speed up task order proposals and awards.

USAID Response: Section H.18 of the IDIQ RFP will only include consent to major subcontractors.

The definition of major subcontractor has been revised to only include those expected to perform at least 20 percent or a prominent part of the technical effort. Section H.5 of Attachment J.1 (Smart Utilities and Sector Reform Task Order) will include any subcontractor the offeror proposes under this task order and submit information addressing each of the elements in FAR 44.202-2.

72. Question: Page 61, Section H.23 requires that all datasets to be submitted to the DDL. At times it may be necessary to obtain pre-existing data belonging to host country entities, for example, to populate a model to allow the contractor to perform system studies. May a contractor redact data that is proprietary to a third party and not created specifically for the contract?

USAID Response: The DDL clause requires contractors to submit a "copy of any Dataset created or obtained in performance of this award." As such, if contractors obtain a data set from a third party in performance of the award, it has to be submitted. Contractors must get permission from the third party to submit it, and should redact out any "proprietary or personally identifiable information."

73. Question: Page 64, Section H.27 GRANTS UNDER CONTRACTS (GUCs), states that “Partner Government Entities: The total value of all GUCs that provide funds (as opposed to in-kind assistance) to a particular partner government entity (for example, ministry, municipality, district, etc.) must not exceed $300,000 for the duration of the prime contract.” Please clarify if this $300,000 ceiling applies at the IDIQ level or the task order level.

USAID Response: The $300,000 ceiling applies at the task order level.

74. Question: Page 111, Sections K.15 and K.16 require Key Individual Certifications. ADS 206 only requires the certification when assistance is to a Covered Country. In addition, K.15 says the certification is required of the in-country project manager. As this IDIQ is not specifically for assistance to a Covered Country, and no in-country project manager is identified yet, kindly consider deleting this requirement at the IDIQ contract stage, and only requiring the certifications if a task order is for assistance to a Covered Country.

USAID Response: Sections K.15 and K.16 are required for organizations proposing Key Personnel under the Smart Utilities and Sector Reform Task Order (See Attachment J.1). Since the Smart Utilities and Sector Reform Task Order (Task Order 1) is a worldwide award and incorporates a field support mechanism that might support an activity in one of the Covered Countries described in ADS

206. As such, the certification is required. Additionally, Section K.15 does not only cover in-country project manager. It states that the certification is required for in-country project manager or similar official principally responsible for the administration of the contract that will serve as the Key Personnel. Under the Smart Utilities and Sector Reform Task Order (Task Order 1), there are positions designated as key personnel. Offerors are required to complete this certification for those individuals that are considered Key Personnel under Smart Utilities and Sector Reform Task (Task Order 1).

75. Question: Page 113, Section L.1 includes FAR clauses 52.207-1 and 52.207-2. Both of these clauses are for use for OMB Circular No. A-76 competitions to determine whether to accomplish the specified work under contract or by Government performance. As this is not an A-76 competition, please delete these provisions as they are not applicable.

USAID Response: Reference to FAR clauses 52.207-1 and 52.207-2 has been removed.

76. Question: Page 123, Section L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL, please provide Part 4 as it is missing in this section.

USAID Response: Section L.8 has been revised to correct the numbering error.

77. Question: Page 126, Part 2 – IDIQ Labor Ceiling Rates, Indirect Ceiling Rates, and Ceiling on Fee, states “(d) The Offeror must also provide a Prime and Major Subcontractor Percentage of Labor Overview Chart as an appendix to the Cost/Business Proposal identifying the anticipated labor utilization for the prime and all subcontractors. Note: Pursuant to FAR 52.219-14, Limitations on Subcontracting, small business prime Offerors proposing for a set-aside award are reminded that at least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the small business prime offeror. As such, the Labor Distribution Chart must reflect that the small business prime offeror is performing at least 50 percent of the effort.” Considering that Major Subcontractors are defined based on Task Order 1 only, and not at the IDIQ level, please advise if the Subcontractor Percentage of Labor Overview Chart should be provided for the overall IDIQ or for Task Order 1 only. Should the Chart include Major Subcontractors or all proposed subcontractors? If the Chart must be provided at the IDIQ level, please clarify if the small business prime must perform at least 50 percent of the effort at the IDIQ level, given that the FAR 52.219-14 Limitation on Subcontracting clause does not apply to unrestricted TO awards to small businesses under the IDIQ. In other words, the Limitation on Subcontracting does not apply at the IDIQ level.

Or does it? Also, if the Chart is at the IDIQ level, any percentage breakdown of labor would be based on assumptions without much predictive value: what purpose would such a chart serve then?

USAID Response: Major subcontractors are those expected to perform at least 20 percent or a prominent part of the technical effort. Major subcontractors are entities envisioned as performing 20% of work for the overall IDIQ contract. The RFP has been revised to reflect this definition. Prime and Major Subcontractor Percentage of Labor Overview Chart must be provided at the IDIQ level. In regards to FAR 52.219-14, Limitations in Subcontracting, it does apply to small business primes at the IDIQ level if the small business is competing to receive one of the IDIQ awards reserved for small business concerns. It also applies to small-business set aside task order awards but does not apply to unrestricted task order awards to small businesses under the IDIQ.

78. Question: Page 61, Section H.23 requires that all datasets to be submitted to the DDL. At times it may be necessary to obtain pre-existing data belonging to host country entities, for example, to populate a model to allow the contractor to perform system studies. May a contractor redact data that is proprietary to a third party and not created specifically for the contract?

USAID Response: The DDL clause requires contractors to submit a "copy of any Dataset created or obtained in performance of this award." As such, if contractors obtain a data set from a third party in performance of the award, it has to be submitted. Contractors must get permission from the third party to submit it, and should redact out any "proprietary or personally identifiable information."

79. Question: Page 64, Section H.27 GRANTS UNDER CONTRACTS (GUCs), states that “Partner Government Entities: The total value of all GUCs that provide funds (as opposed to in-kind assistance) to a particular partner government entity (for example, ministry, municipality, district, etc.) must not exceed $300,000 for the duration of the prime contract.” Please clarify if this $300,000 ceiling applies at the IDIQ level or the task order level.

USAID Response: The $300,000 ceiling applies at the task order level.

80. Question: Page 123, Section L.8 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL, please provide Part 4 as it is missing in this section.

USAID Response: Section L.8 has been revised to correct the numbering error.

81. Question: Section M. Evaluation Factors for Award, describes the process for evaluating proposals for purposes of making IDIQ awards. It not clear on what basis the proposals will be evaluated to award the SUSR TO. Please clarify the evaluation factors for award of the SUSR TO.

USAID Response: As outlined in Section M.1 of the RFP, proposals for the purpose of making IDIQ contract award(s) will in accordance with Section M of this RFP. Offeror who offers the best value in terms on technical, cost, and other factors considered will receive an IDIQ contract award. After determining the IDIQ Contractors, USAID will award the Smart Utilities and Sector Reform Task Order to the IDIQ Offeror/Contractor whose proposal represents the best value with regard to the Task Order Technical Proposal evaluation factor (Section M.2.1) and cost only. USAID will only consider offers for the award of the Smart Utilities and Sector Reform Task Order that address the factors in Section L.7(a), L.7(b)1, L.7(b)4, L.8, Part 3, and Section M.2.1.

82. Question: Attachment J.1: Smart Utilities and Sector Reform Task Order Proposal (RFTOP), page 11, Section C.4, states “The COP must have at least a graduate degree in economics, energy/ environmental policy, engineering, or a related field and ten years of experience leading and managing power sector reform and/or utility commercialization programs.” Section B.6.2 on page 9 of the Energy IDIIQ II RFP also outlines minimum qualifications for senior-level personnel, requiring nine years of experience with a MS/MA/MBA degree and 10 years of experience with a BA/BS degree. Please confirm that for the SUSR TO, and consistent with the IDIQ contract clauses, offerors may propose COP candidates with a BS/BA degree and 11 (instead of 10) “years of experience leading and managing power sector reform and/or utility commercialization programs.”

USAID Response: The Offeror can propose COP candidates whose level of relevant education and experience align with the minimum qualifications for senior-level personnel, as outlined in Section B.6.2

83. Question: Page 13, Section C.3, Clean Energy, the last sentence states “To capture these benefits, USAID supports countries to integrate and scale clean energy technologies.” Please clarify if “clean energy” here refers only to renewable energy supply-side activities (e.g.