OASCR QnA RFQ 12314421Q0091.pdf

OASCR, Center for Civil Rights Enforcement Contract Attorney’s to Process Program Complaints of Discrimination

RFQ # 12314421Q0091

Q&A

1. Can you please provide an extension to the proposal submittal date due to the short time frame for submittal after response to the questions?

A: The proposal time has been extended 4 hours, but the proposal date remains the same.

2. Is there an incumbent contractor for this requirement?

A: This is a new requirement.

3. If so, who is the contractor and what is the contract number?

A: N/A

4. Are there contract attorneys currently providing services?

A: No. There have been in prior years, but not currently.

5. The number of positions to be filled under the requirements of the PWS. Para. 2 states two contract attorneys, Para. Para. 8 specifies pricing for 2 attorneys. Para. 13 notes four workers are to be identified as key personnel, and Para. 9 B. requires the submission of resumes for 5 attorneys with additional information. How many positions are to be filled and at what level?

A: Apologies for the confusion. 2 positions.

6. If there are only 2 contract attorneys required, why are resumes for 5 attorneys required by Para. 9B?

A:The office wants to be able to appropriately vet and select the appropriate vendor for this procurement based upon the work experience, knowledge and abilities displayed in the resumes of the proposed contract attorneys.

7. If resumes are required from a total of five contract attorneys, do each of the three attorneys who will not actually serve have to fulfill all of the requirements in Section 9.A?

A: The contract attorneys that are not selected will not be a part of this procurement.

8. Paragraph 12 states “If a conflict of interest arises that cannot be avoided, the

Contracting Firm shall provide a substitute contract attorney and/or paralegal, as needed.” Please confirm whether the requirement is for attorneys only, or if paralegals can also be utilized.

A: The requirement is for attorneys.

9. The Form 1449 specifies the POP as a base year and four option periods. Section 5.0 of the PWS specifies “one (1) 12-month base period and two (2) 12-month option periods.

Please confirm the length of the POP.

A: One (1) 12-month base period and four (4) option periods.

10. What are the criteria for assessment of the 1% deduction of the monthly invoice amount set forth in Section 7.0? Who determines such deduction? Is an appeal permitted? If so to whom?

A: A combination of the COR and the Contracting Officer (CO). Of course we hope to avoid this and a appeal is permitted to the CO. Open/Clear communication throughout the POP will resolve a most issues.

11. The additional language under the Performance Summary chart stated that “Work product that is deemed insufficient will be returned to the contract employee for additional work. A one percent (1%) penalty may be assessed for any insufficient work product submissions.” Is this reduction referring to those already listed in the Performance Summary chart or is it in addition to the other 1% reductions?

A: Yes

12. Para. 9A indicates the level of experience required noting that “In addition to” the 5 years as an attorney, at least three (3) years of experience working in Federal sector civil rights matters; and In addition to above, at least one (1) year of experience reviewing ROIs for legal sufficiency, or two (2) years of experience utilizing ROIs to draft FADs; and at least two (2) years of Federal sector work experience. Are these requirements cumulative, that is a total of 11 or 12 years of experience? Can the experience overlap, i.e. 3 years of working in Federal sector civil rights matters be part of the 5 years as an attorney?

A: These requirements are not cumulative.

13. While the RFP indicates that the evaluation of offers will be based on best value to the government, and although price is not to be a rated factor, on page 44, it is stated that “price is more important than all other factors combined.” This statement implies that the evaluation criteria may actually be a lowest price, technically acceptable (LPTA) evaluation. Is this in fact the case?

A: No, the sentence has been removed from the RFQ.

14. The RFQ states that this a firm fixed price requirement and the required clause for labor hour contracts is not included (52.212-4, Alternate I) is not included in the solicitation.

However, Paragraph 15.2 states that “The contractor can only charge the Government for “Productive Direct Labor Hours”. Please confirm whether this is to be billed as a labor hour contract or a firm fixed price contract.

A: Firm Fixed Price Contract.

15. The RFQ contains 52.216-20 Definite Quantity which states, “The Government shall order the quantity of supplies or services specified in the Schedule,” and also the clause 52.216-21 Requirements, which states that “The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract”.

Please confirm which clause is applicable.

A: 52.216-20 is correct, 52.216-21 has been deleted.

16. Criterion 2: Past Experience 2.” Provide documentation identifying the requirements in section 9B of the PWS”. If the Offeror meets the requirements listed under #1, can the individual attorney’s experience qualify for the criteria in #2?

A: Yes.

17. Requirement seems to result in a FFP contract, however, FAR 52.216-18 & 19 are included in the solicitation. Is the government's intent to award an IDIQ contract instead of a FFP contract?

A: FFP. FAR 52.216-18 & 19 have been removed.

18. Please confirm the number of option periods. OF 336 shows four option periods while PWS states two option periods.

A: One (1) 12-month option period and four (4) 12-month option periods. PWS has been updated.

19. PWS, Section 9(b)(3) - Please confirm the number of resumes needed to be included with the proposal. The requirement calls for two Contract FTEs, while this section asks for five.

A: 5 resumes need to be submitted for the two positions that will be filled in this procurement.

20. PWS, Section. Please confirm or clarify the number of Key Personnel. Requirement calls for two contract FTEs, while this section states four contract employees.

A: 2 Positions. PWS updated.

21. Instructions for Submitting of Quotes and Evaluation.

a. Criterion 3: Key Personnel. Section requests for five resumes while the requirement only calls for two FTEs. Please clarify.

A: The office wants to be able to appropriately vet and select the appropriate vendor for this procurement based upon the past work experience, knowledge, skills and abilities displayed in the resumes of the proposed contract attorneys.

22. Could you please tell me if the Combined Synopsis/Solicitation posted as solicitation number 12314421Q0091 will be a follow-on requirement to any work performed currently or in the past, or will this be a new requirement?

A: This is a new requirement.