S01 Attachment 5 Q and A Amend 0001.pdf

United States Department of Agriculture (USDA)

NRCS New York State General Clerk Services

SOLICITATION # 12FPC424Q0005

AMENDMENT 0001

The following questions were asked in response to the referenced solicitation. Provided are the government answers.

1. Question: Is there an incumbent contractor? If so, what is the contract number, task order numbers, contractor name, period of performance, & dollar amount?

Answer: Yes, BPA # 12FPC120A0012, BPA Calls: 12FPC120F0506, 12FPC421F0094, 12FPC422F0065, 12FPC423F0017, Contractor: BES Solutions, LLC, $2,172,019.20

2. Question: How many positions are vacant? Of these vacant positions, how many need to be staffed?

Answer: Currently, 3 contractor positions are vacant (Syracuse, Binghamton, & Walton).

3. Question: Are positions currently filled? How many positions are assigned to each of the 46 locations?

Answer: Yes, 13 of the 16 positions are correctly filled. Most of the locations do not have positions assigned.

4. Question: Which locations currently have General Clerks? Are the filled positions full-time employees?

Answer: All employees are full time. Binghamton, Walton, Syracuse, Batavia, E. Aurora Lafayette, Ellicottville, Belmont, Rochester, Cortland, Highland, Riverhead, and Fultonville.

5. Question: How much notification will the contractor receive to fill positions?

Answer: The contractor will be notified upon BPA call issuance.

6. Question: What is the expected total of Full Time Equivalents (FTEs) per location by year?

Answer: It will depend on the NRCS needs.

7. Question: Based on the Government’s confirmation that “these estimates are subject to change,” does the Government anticipate a reduction in FTEs based on Agency needs?

Answer: The Government does not anticipate FTEs to decrease. However, depending on agency needs, they may.

8. Question: Section II (4) of the RFP provides an estimated number of positions per year. In regards to this information: 1) where specifically are these positions located? 2) Are the estimated positions in each year inclusive of the estimate in prior year (e.g. year two’s 19 positions are inclusive of all of the 17 positions in year one).

Answer: 1) See answer to Question 4. 2) The positions are inclusive of the prior year. NOTE:

The Government has the right to forgo a position(s) previously occupied the year before.

9. Question: Will payments be made to the awardee monthly or weekly?

Answer: Monthly. See Performance Work Statement, para 2.11 Invoicing

10. Question: The Period of Performance starts on 12/18/23, when does the Government anticipate awarding this contract?

Answer: Government anticipates award the first week of December 2023.

11. Question: Will the government issue one call order per position or per location?

Answer: It is anticipated that each BPA Call will have multiple locations and positions for the ordering period. However, there may be instances where one position is ordered on a call.

12. Question: Is the intent to have multiple purchases / Task Orders under the BPA to service the individual locations listed in Section 4?

Answer: The Government reserves the right to issue multiple BPA calls per year as needed.

13. Question: Will requested positions be expected to perform through the end of the BPA term, or could their period of performance end beforehand?

Answer: Each position will have a defined period of performance, which may or may not be reordered the following year.

14. Question: Will call orders be issued in the middle of a performance period or only at the onset of the base/option periods?

Answer: Call orders will be issued at any time the government has a need.

15. Question: Is there any specific contractor-paid training required by the government?

Answer: No.

16. Question: Are there pre-onboarding training assignments needed before employees enter on duty? For example, access to AgLearn to complete the Information Security Awareness and Rules of Behavior Training (ISA) and the Mandatory Initial Ethics Training.

Answer: Yes, Pre-Onboarding requirements include USDA Information Security Awareness Training, a background investigation intake package, background investigation (Government-paid), and miscellaneous email correspondence. Pre-onboarding will be completed prior to onboarding. Any costs associated with pre-onboarding should be included in the fully burdened wage rate, if applicable.

17. Question: If there are onboarding requirements, will we receive guidance and access to AgLearn for training? Will the mandatory training hours be billable to the government?

Answer: The contract employee will receive access to the necessary USDA training systems on their first day onsite or as soon as possible thereafter. An employee will be onsite reporting for duties and in pay status when their onboarding begins.

18. Question: Please clarify the training requirements. The PWS states that “Government shall train Contractor employees only on government specific topics, policies, and equipment for which the Contractor does not have the training capability.” Is the expectation that the Contractor is responsible for ensuring that its personnel are trained on basic clerical tasks?

Answer: Yes, the Contractor is responsible for ensuring personnel have basic clerical tasks.

19. Question: Could you provide clarification on PWS Section 2.6, para 5? There appears to be some missing words or phrases for this paragraph.

Answer: See update to paragraph in PWS, which states, “Overall, the contractor is responsible for informing contract personnel of Government Regulations, Policies and procedures and the effects of their conduct working with the Government.”

20. Question: Are there specific training requirements when operating a government vehicle? For example, will employees be required to obtain USDA Driver Authorizations/Certification (training)?

Answer: Yes, drivers will be required to take driver’s training provided by the USDA. The employee will receive guidance from USDA on the classes they must take prior to operating a Government Owned Vehicle.

21. Question: There are multiple references to “ProTracts,” what is “ProTracts” and how is it used in support of this NRCS contract?

Answer: ProTracts is a software program NRCS uses to log and update changes to agreements with customers or landowners. The contract employee may be responsible for updating the system with pertinent details.

22. Question: Section 2.9 of the PWS indicates that overtime may be approved in advance by the CO through the COR. Will overtime bill rates be reviewed approved at that time?

Answer: Please see revised PWS section 2.9, which completely removes Overtime from the

BPA.

23. Question: What is the process for requesting overtime if overtime is allowed?

Answer: Please see revised PWS section 2.9, which completely removes Overtime from the

BPA.

24. Question: Will the government provide standard office supplies for contractor use?

Answer: Yes, see Performance Work Statement, section 4.2 for Government Furnished Property.

25. Question: Will the government require aircraft to be used in connection with performing this contract that will result in the need for aircraft public and passenger liability insurance? Ref Aircraft Public and Passenger Insurance Coverage is found in 452.228-71 Insurance Coverage (Nov 1996)

Answer: There will be no aircraft usage during life of the contract. This paragraph of the clause is not applicable.

26. Question: The solicitation includes FAR clauses 52.204-26 and 52.209-7, does the Government want these and any other Reps and Certs type clauses in the solicitation completed and submitted with the proposal?

Answer: No, in accordance with FAR 52.204-7 Offerors are required to be registered in SAM with submitting a quote. Reps and Certs in SAM.gov shall be current when submitting quote and throughout the life of the BPA.

27. Question: The Government has requirements for Contract Administrative Data such as Reps and Certs, quote validity periods, etc.

In addition to the submittal of Attachment 2/Price Schedule (Microsoft Excel format), is it the Government’s intent that these additional non-technical required items be placed in and submitted with Volume II – Price Schedule?

Answer: See Answer to Question 24. Non-technical details such as quote expiration date, may be included in the Cover Letter. See updated RFQ, page 29.

28. Question: 52.212-1 indicates that the Government may provide an SF1449; is there an SF1449?

Answer: No, a SF1449 shall not be provided by the government nor is an SF1449 expected for quote submissions.

29. Question: Section 2.10 of the PWS indicates that travel may be required. Would the government please estimate the amount of travel required per General Clerk.

Answer: An estimate of billable travel is not available due to the rarity. Travel to other government facilities (non-billable) during the course of the normal duty day is a common occurrence and happens regularly. See update to PWS 2.10.

30. Question: What is the Government’s criteria for determining which staffed offices are utilized to provide travel resources to non-staffed offices when needed? Distance between offices or other?

Answer: Contractor assistance to non-staffed offices will be required as need arises. No one position is more likely to require travel than another position. See PWS 2.10 for differences in billable or non-billable travel.

31. Question: From historical experience, what is the average travel hours (time away from the position’s assigned office) per year for a position on this contract?

Answer: An average of these hours (non-billable) is not possible due to the differences between office scheduling and requirements per location.

32. Question: From historical experience, what is the total travel hours (time away from the position’s assigned office) per year for all positions on this contract?

Answer: The total billable travel hours was about 40 hrs for FY’22 for all positions.

33. Question: Which positions/locations are likely to require travel?

Answer: No one position is more likely to require travel than another position. Due to the rarity and infrequency, the locations likely to require travel cannot be projected. Location will depend on the Government needs at that time.

34. Question: Is the contractor employee expected to use a personally owned vehicle when on travel and in support of offices that do not have a full-time contractor staff?

Answer: No, a Government Owned Vehicle will be used for travel.

35. Question: SAM.gov currently allows entities to self-certify that they are an SDVOSB without verification. Will offerors be required to provide proof of SDVOSB certification with the Department of Veterans Affairs Center for Verification and Evaluation?

Answer: No, additional documentation is required.

36. Question: RFQ paragraph I, Overview, page 3 requires offerors to provide their quote expiration date. Please provide the Government’s desired quote validity period.

Answer: The Government requests that Contractors provide a quote validity period of at least 60 days.

37. Question: Section I (6) of the RFP documents state that the government may contact the vendor and make arrangements for vendor discussion meetings. What is entailed in these discussions?

Answer: The following language is added to the solicitation:

“The subject acquisition is being competed under FAR 13.5 Simplified Procedures for Certain Commercial Items. FAR Part 15 based evaluations will NOT be used for this acquisition. The initial proposal should contain your best terms; however, the Government reserves the right to conduct exchanges if determined necessary by the Contracting Officer to resolve issues such as technical or price, or deal with contract documentation including any other matter in the evaluation process. The contracting officer reserves the right to award a contract without the opportunity to revise quotes.”

All references in the solicitation to “discussions” shall be amended to state the term “exchanges.”

38. Question: Can the government confirm that quotes are due on Tuesday, November 28, 2023 at 1:00 PM Eastern Time.

Answer: Yes, the correct day, date and time for quote submission is no later than Tuesday, November 28, 2023 at 1:00 PM Eastern Time.

39. Question: Is the Table of Contents and Glossary also excluded from the page count?

Answer: No, these elements of the contractor’s quote shall be considered part of the 20-page limit total.

40. Question: Do the required PPQs count against the 20-page limit on the technical capability volume?

Answer: No, the Past Performance Questionnaires do not count towards the 20-page limit for Volume 1.

41. Question: The RFQ states there is a Volume I - Technical II & and Volume II - Price Schedule.

Question: Is there a Volume III - Past Performance also? If yes, what is the allowable page count?

Answer: The Solicitation does not have a Volume III defined. No page limit exists for Past Performance (Factor 1c)

42. Question: Are past performance questionnaires to be provided by the vendor in Factor 1c – Past Performance per the solicitation instructions, or by the client reference completing the questionnaire as per the questionnaire instructions?

Answer: Clients are to complete the past performance questionnaire. The offeror or the client may submit the client-completed Past Performance Questionnaire directly to the Contract Spcialist, see update to RFQ.

43. Question: Is the minimum font size and type 12-point Times New Roman font?

Answer: Yes, see revised RFQ with these details.

44. Question: The RFQ's evaluation states evaluation for most advantageous, best value, and lowest price technically acceptable. Will the government clarify the evaluation criteria they will use?

Answer: The Evaluation Criteria is based on LPTA which will result in the best value to the Government. Evaluation rating are based on Acceptable or Unacceptable basis.

45. Question: Will the government consider revising the evaluation criteria for the upcoming procurement from 'lowest price technically acceptable' to 'most advantageous,' taking into account factors such as the retention of staff?

Answer: Lowest Price Technically Acceptable is the basis for award and represents the best value to the Government.

46. Question: Will the government consider revising the evaluation criteria from 'lowest price technically acceptable' to 'most advantageous,' taking into account factors such as operating expenses? This approach aims to ensure a fair assessment of total costs for vendors and promote transparency in the procurement process. Additionally, it ensures that contracts awarded will comply with legal and regulatory requirements, reducing the risk of disputes or non-compliance issues.

Answer: Before award contract will be reviewed for strict compliance with applicable Terms and Conditions as outlined in the Federal Acquisition Regulation and Agency regulation. LPTA is the basis for award.

47. Question: The PWS references a QASP, will the Government clarify and/or provide a QASP?

Answer: Please see PWS section 3.2 for performance standards. The QASP is a living document and is not part of the contract. The QASP will be provided to the successful contractor upon award.

48. Question: PWS 3.2, Performance Requirement Measures, includes a table reference to PWS

3.1.16. PWS 3.1.16 is missing from or not included in the current PWS. Will the government clarify whether PWS 3.1.16 will be included in an amended PWS?

Answer: The reference to paragraph 3.1.16 is a typo. The correct reference in the Performance Requirement Measures table for the task “Participates in training, program calls, and team meetings.” Is paragraph 3.1.13. See the revised and updated Performance Work Statement.

49. Question: Instructions to offerors does not provide format for Volume I. Will Portable Document Format (PDF) be acceptable from the vendor?

Answer: Yes, see answer to question #50 for the formats allowed.

50. Question: The solicitation speaks only of the format for the pricing worksheet. Does the government have a preferred format for RFQ Response?

Answer: Quoters may provide the remainder of their quote documents in Microsoft Word or Adobe Acrobat Portable Document Format (PDF). No other formats shall be accepted.

51. Question: Factor 1a is evaluated based on details to recruit personnel to meet needs within the POP start date. How many days will the government give the contractor to recruit personnel after call order issuance?

Answer: Please provide the recruitment plan based on the proposed period of performance date.

52. Question: Factor 1a – Management Plan on page 30 states “The management shall also include details on recruitment of personnel to meet the Government’s needs within the required Period of Performance start date.” Is it the Government’s intent that the details on recruitment of personnel to be provided should be related to only meeting the Period of Performance start date of 18 December 2023 requirements, or the requirements across the life of the Period of Performance starting on 18 December 2023?

Answer: The period of performance for the recruitment plan evaluation is December 18, 2023.

53. Question: Please clarify whether the government's intent to not include an understanding or discussion in proposals for Section 3.1.1, 3.1.4, 3.1.6, 3.1.7, 3.1.10, 3.1.13 in the Technical Capability.

Answer: Offeror's SHALL review the identified task in section 3 and explain their approach to accomplishing each task.

54. Question: Should the list of performance tasks include all subparagraphs in PWS 3.1 (3.1.1 through 3.1.13)?

Answer: No, please review the identified tasks in Section (2) Technical Factors, Factor 1a Management Plan of the RFQ.

55. Question: If a contractor proposes to use a subcontractor, may they use their corporate experience to satisfy 1 of the 2 required contract references for Factor 1b of the proposal technical factors?

Answer: No, unless they have a prior joint venture or formal teaming arrangement with the subcontractor.

56. Question: Will the government accept a task order as a project reference to satisfy Factor 1b of the proposal technical factors?

Answer: Yes, task order(s) will be considered for project references.

57. Question: Factor 1b-Experience requires a minimum two (2) work experiences be cited. Factor 1c-Past Performance requires a minimum two (2) Past Performance Questionnaires or CPARS evaluations be provided. Can the government clarify that two (2) individual contracts could be used for both Factors 1b and 1c to satisfy the minimum requirements of two (2) submissions for each Factor? Or is the government expecting four (4) separate contracts to satisfy the minimum requirements of two (2) submissions for each Factor?

Answer: Contractors may submit 2 different contracts for factor 1b & 1c, or they may be the same 2 contracts for both factors.

58. Question: Can the Government clarify what is required to submit for Factor 1c? Factor 1c just mentions PPQs. Are vendors supposed to include a copy of the signed PPQ (or CPARS) in our proposals? Or are we required to simply provide a separate narrative to correlate with the PPQ submitted to the Government?

Answer: PPQs may be submitted by either the Contractor or the client (see answer to Question 59). Contractors may also submit CPARS and/or offerors explanation of circumstances and corrective actions to alleviate marginal performance if applicable, (see Table 1c on page 34 of the RFQ). No separate narrative is required if marginal performance history is not present.

59. Question: Factor 1c – Past Performance requires offerors to provide at least two completed Past Performance Questionnaires (Attachment 3) or Contractor Performance Assessment Reporting System (CPARS) evaluations. Please confirm that Past Performance Questionnaires are to be submitted directly to the Contract Specialist (Julie Gavin) by the Assessor, and that CPARS evaluations included Volume I are excluded from the page count.

Answer: Yes, PPQs should be submitted directly to the Contract Specialist. Assessor OR Contractor may submit the PPQs to the CS. Factor 1c does not have a page limit.

60. Question: If past performance questionnaires are completed and delivered by the reference completing the questionnaire, are vendors still required to provide a response to Factor 1c – past performance?

Answer: See answer to Question 58.

61. Question: Would the government please confirm that, under Factor 1c, a neutral rating is considered technically acceptable?

Answer: A neutral rating for past performance is neither acceptable nor unacceptable. A neutral rating will not preclude a contractor from award.

62. Question: If an offeror has no relevant past performance and receives a neutral rating, will they still be considered eligible for contract award?

Answer: A neutral rating for past performance does not affect a contractor’s past performance positively or negatively. A neutral rating will not preclude a contractor from award.

63. Question: Will the government confirm that we will receive neutral rating for Factor 1c if we are not able to submit completed questionnaires?

Answer: Yes, please see RFQ Table 1c of the RFQ.

64. Question: Does the 5-year recency requirement applied to Factor 1c Past performance apply to Factor 1b Experience?

Answer: Yes, the 5- year recency applies to both Experience and Past Performance submissions.

65. Question: RFQ II (4) indicates the number of expected positions by year. Year 1 says 17 positions for a total of 32,504 hours. The hours (32,504) divided by the positions (17) results in 1,912 hours per FTE annually. Industry is required to provide price per hour rates in Attachment

2. The General Clerk II positions are SCA. The Department of Labor wage determination hours for SCA annually are 1,856 (2080 – 88 holiday – 80 vacation – 56 sick), not 1,912. Can the government confirm the fully- burdened price per hour rates should be based on 1,856 hours?

Answer: All BPA Call orders will be issued for hours to support full time employees.

66. Question: Would the government clarify that evaluation of price proposals from competitors will use the wage determination scale, taking into account the required paid leave and the full cost of managing 17+ Full-Time Equivalents (FTEs), including expenses related to payroll systems, workers' compensation, liability insurance?

Answer: Pricing Schedule asks for Fully Burdened Hourly Rate per position per location.

Contractors submitting quote are responsible for strict adherence to the Service Contract Act.

The resultant BPA shall be Firm-Fixed Price and no price adjustment shall be provided due to contractor oversight or penalties/oversight by the Department of Labor. Per RFQ Section I, Overview, para (11), the government reserves the right to request additional price breakdowns as needed for price analysis. Also, see RFQ Section III, para (2), Factor 2 – Price.

67. Question: Does the Government want any type of Offeror provided cost build-up spreadsheet in addition to the Attachment 2/Price Schedule (Microsoft Excel format) to demonstrate the Offeror’s valid approach to the determination of Fully Burdened Hourly Rates taking into account all SCA/WD components, taxes and other legally required burdening?

Answer: No build-up is required. Contractors submitting quote are responsible for strict adherence to the Service Contract Act. The resultant BPA shall be Firm-Fixed Price and no price adjustment shall be provided due to contractor oversight or penalties/oversight by the Department of Labor. Per RFQ Section I, Overview, para (11), the government reserves the right to request additional price breakdowns as needed for price analysis. Also, see RFQ Section III, para (2), Factor 2 – Price.

68. Question: To ensure that bidders comply with SCLS requirements, we request that the government require bidders to provide pricing breakdown so the government can determine that bidders are proposing to pay SCLS required minimum wages and fringe benefits.

Answer: Contractors submitting quotes are responsible for strict adherence to the Service Contract Act. The resultant BPA shall be Firm-Fixed Price and no price adjustment shall be provided due to contractor oversight or penalties/oversight by the Department of Labor. Per RFQ Section I, Overview, para (11), the government reserves the right to request additional price breakdowns as needed for price analysis. Also, see RFQ Section III, para (2), Factor 2 – Price.

69. Question: Will the government consider the costs associated with back-office workers and HR support who work to manage risk and deliver on-time and on-budget? These tasks include but are not limited to, risk identification (ie. the pandemic), transparent and timely communication with FTE's and NRCS, FTE's performance evaluations, quality and timeliness, and continuous monitoring to adjust mitigation strategies as needed with flexibility to adjust mitigation strategies as needed.

Answer: Please see pricing Schedule. The Government request all offerors to review and submit Pricing Schedule as issued in the Solicitation. Contractors are responsible for incorporating all associated costs into their fully burdened rates for Factor 2.

70. Question: Factor 2-Price only discusses submission of the Microsoft Excel file format for Attachment 2 Price Schedule 11.01.2023.xlsx as a separate Volume from technical. Can the vendor also submit a narrative section provided in Portable Document Format (PDF) along with spreadsheet in separate Volume from technical to provide any clarifying information in Price?

Answer: Yes, clarifications necessary as relating to price may be submitted. There is no page limit relating to Factor 2.

71. Question: Is a written Price Narrative also permitted or required? If yes, what is the allowable page count?

Answer: Contractors may provide a price narrative, which does not have a page limit. A price narrative is not required.

72. Question: RFQ paragraph I, Overview, subparagraph 7, page 3 states “The Government will rank all quotes by the total evaluated price for all ordering periods.” How will the Government determine the total evaluated price for all ordering periods when offerors are providing only fully burdened hourly rates for the specific locations listed in Attachment 2 Price Schedule?

Answer: The government will add pricing for all ordering periods listed in Attachment 2.

73. Question: Being this a Service Contract Act Wage Determination (SCA/WD) contract, what are each employee’s SCA start dates, to enable accurate pricing of required vacation leave?

Answer: This detailed information is not available. No employee has been employed for more than 3 years.

74. Question: Does the government anticipate retaining/transitioning current, incumbent employees for this contract? If so, can the government provide original dates of hire for said personnel?

Answer: Contractors are responsible for making those recruitment decisions.

75. Question: For the price submission, does the government require that the offeror utilize only the wage determinations listed, or, in the event that a particular WD has been updated, to use the newest and most current volume?

Answer: All Wage Determinations for this service shall be in accordance with the current Wage Determinations as published on SAM.gov for the specific counties where services are to be performed.

76. Question: Is it required to use SCA Occupational Code 01112 General Clerk II, or an another SCA Code be used?

Answer: Yes, the minimum SCA Occupational Code 01112 is to be used as stated in Section II, Contract Administration Data, Para (4) of the RFQ and the PWS para 2.2.

77. Question: PWS 2.2 states, “The Government’s recommended minimum occupation code from the applicable Service Contract Act wage determinations is General Clerk II.” The RFQ in II (4) specifically states the positions are 01112 General Clerk II. Additionally, Attachment II also requires rates for 01112 General Clerk II. Will the government please consider replacing “recommended” with “requires” in PWS 2.2 to ensure the proper SCA alignment by all Offerors?

Answer: The PWS has been updated to state “required.”