FDA_LAW_QUESTIONS_(2).doc

1. The Sources Sought Synopsis seems to describe work very similar to that of the RFP that was attached, although they bear different Solicitation Numbers. Do they concern the same contract work?

Yes

2. The Sources Sought Synopsis, posted 22 APR 14 requires, in its last paragraph, response by 12 noon EST February 21, 2014, a requirement that cannot be satisfied. May responses be accepted instead by the date listed elsewhere in the same document: 5 p.m. 8 MAY 14?

The Sources Sought notice was posted on February 6, 2014. The Combined Solicitation Synopsis was posted on April 22, 2014 and the due date for proposal submission was extended to May 16, 2014

3. The Sources Sought Synopsis notes that it was “initially posted as SS Notice on Feb 6, 2014". Is it necessary to re-submit that response?

No

4. If I were to choose to submit a proposal in response to the RFP for Solicitation Number 14-223-SOL-00054, will it be necessary to also submit another Sources Sought Solicitation Response?

No

5. Do I correctly understand Section L.1 Addendum on p. 61 that all proposals must accord with the entire Section C, even if that Scope of Work includes work that a contractor does not wish to propose?

The modification posted on May 1, 2014 excluded the alternate proposals.

6. Do I correctly understand that if I submit a conforming proposal, I may also submit an Alternate proposal?

No, alternate proposals will not be considered. (See #5 above)

7. May proposals be made electronically, or must they be made and submitted in hard copy?

Electronic submissions should be sent to; Julia.savage@fda.hhs.gov

8. Because all travel under the Proposal is required to be invoiced and receipted and because several elements of the travel are required to not exceed the Federal Travel Regulations-permitted amounts for government travel (according to paragraph 5, page 9) and because the government has pre-populated this field for the base year with a set figure; may a proposal similarly populate successive travel fields in each course (for option years) with that same figure without incurring competitive disadvantage, or will option-year travel proposals be totaled within the proposal cost, for proposal evaluation purposes, as seems to be described on page ? Yes, you can pre-populate the option years with the same figure. It would be a convenience to proposers, and would enable more convenient comparison and evaluation by the government, if we could use that standard figure in the proposal, knowing that the actual travel costs will be limited by other provisions of the Contract. It is, of course, impossible to predict travel costs without specification of the course locations. The RFP (at page 11) specifies only that: “These courses will be held at multiple government selected sites...”, which could range from Rockville, Maryland to Diego Garcia, or New Delhi.

Past history training has been located only in the continental U.S. Some examples of locations are: Rockville, MD., Newport, RI, Scottsdale, AZ., Chicago, IL., Orlando, FL., Gaithersburg, MD., Deerfield Beach, FL., and New Orleans, LA.

9. On pages four through eight of the RFP, each of the Contract Line Item Number descriptions (CLIN 01-08) includes a paragraph that includes the sentence: “The notice shall state the total number of courses delivered by the Contractor.” But the reference to “the notice” is not clear. What “notice” (and by whom) is described in that sentence? Does this require counting of courses presented by the Contractor, that are not covered by this Contract?

The “notice” is the task order for each class which will come from the program office when a class is required. Section B #6 has the minimum and the maximum number of courses for the length of the contract.

10. The RFP’s text description of each of the courses specify the number of days the contractor should be presenting, except for the Practical Compliance Applications Course, which is described (on page 12) as “a two week course” that runs from 8:00 a.m. to 5:00 p.m. How many hours and days of that two weeks will the contractor be expected to be present and (if a separate time) how much time presenting? This will, of course affect the preparation and presentation estimate, as well as travel costs.

The contractor is expected to present for 2 days, during the second week of CP210 Practical Compliance Applications.

· Day 1: approximately 2 hours

· Day 2: approximately 2 hours

11. The RFP describes the requirement of a Quarterly Report on page 20 of the RFP. Required Item 4 is “Funds expended during the current reporting period.” But this item does not modify or explain which funds, or define expended by whom. Does this mean that the Contractor must itemize all expenditures for any reason (including those unrelated to the Contract)? Does it mean all invoiceable expenditures? All contract-related expenditures? All business expenses undertaken because of the contract?

This is a fixed price per class contract and the travel is the only cost element that is required to have documentation attached to each invoice.

12. The RFP describes the requirement of a Quarterly Report on page 20 of the RFP. Required Item 5 is “Total Funds remaining.” This Item does not specify whose funds, or where the “remaining funds” are located, and how they are to be determined by the Contractor. What funds are being described in this Item, where will they be located, and how will the Contractor determine how many remain?

A task order will be issued for each class. If funds on the task order exceed the amount invoiced, a balance will be shown on the quarterly report.

13. Paragraph G.5 A of the RFP, on page 22, requires electronic submission of invoices “to the COR and CS at...”. Am I correct that “COR” refers to the Contracting Officer’s Representative? What (or Who) is meant by “CS” ?

Contract Specialist

14. Because the Invoice is required to have confidential and sensitive information (including the TIN which for an individual is the personal Social Security number, DUNS number, bank routing number and the individual account number of the Contractor’s bank account) what secure encryption communication system does the government make available to Contractors to be able to comply both with the demand for such sensitive information, and the demand that it be submitted electronically?

FDA has a secure communication system.

15. Am I correct that the RFP does not include any specification of the lead time that will be provided to the Contractor, between the day the Work Order for a particular course is issued, and the day necessary for the Contractor to travel to the course? Without specification, this will potentially result in much higher air transportation costs (because last-minute reservations are typically priced higher). Is the government willing to commit to providing Work Orders at least ten working days prior to the course? :

Yes. The minimum amount of time allowed to prepare for a class presentation will be 10 days.

16. As authorized in paragraph I.1, at page 40 of the RFP, this is my request for the full text of the clauses incorporated by reference.

All clauses are available on the internet at, https://acquisition.gov/far

17. In paragraph I.2 d, on page 43 of the RFP, I understand that oral orders will not be authorized under this contract. Sub-paragraph I.2.c states that “Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.” What “Schedule” is intended by this reference? Under the contract contemplated by this RFP, will electronic (email) Orders be permitted?

The schedule refers to the classes in section “B”. The clause in section I.2 d in full text should read:

52.216-18 Ordering.

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from ____TBD______ through ______TBD______ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

18. Paragraph numbered 52.212-5, which begins on page 55 of the RFP, begins: “The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference...” but does not say whether all the listed clauses are incorporated, or only those clauses that are signaled with the letter “X”, such as clauses 52.212-5(b)(1) and (2), but not 52.212-5(b)(3) and(4). Am I correct that only those clauses that are signaled by the letter “X” preceding the clause are incorporated in this contract by reference?

Yes

19. Am I correct that section 52.227-17(a) and (b) as quoted on page 72 of the RFP mean that if a Contractor agreed to this RFP as written, any recordings made of any presentations under this contract could be distributed to anyone and displayed publicly by the government or by anyone to whom the government distributed it for an unlimited number of times and uses?

The government reserves the right to record any course delivered under this contract. It is considered Government property.

20. Am I correct that a copy of any such recording (as described in paragraph 19, above) would be available through the Freedom of Information Act to any person who requested it?

The recordings are for internal FDA students only.