NOAA RFP 1305M325R0002 PAR SOLICITATION QA Additional Questions.pdf

NOAA Request for Proposal (RFP) 1305M325R0002 Solicitation Questions & Answers

Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA)

Office of Oceanic and Atmospheric Research (OAR) National Severe Storms Laboratory (NSSL)

SOLICITATION QUESTIONS & ANSWERS

Phased Array Radar Test Article For Weather Observation Risk Reduction Activation

MARCH 2025

NOAA Request for Proposal (RFP)1305M325R0002 Solicitation Questions & Answers

Acquisition Questions

Acquisition Questions

1. As this RFP was issued as a CPFF/T&M effort with only training and documents being FP, we did not expect to see the various warranty clauses and requirements which would affect the CPFF CLINs. Our DCAA/ DCMA approved cost estimating and accounting systems are built to comply with FAR requirements when creating our proposals and billing/invoicing for work performed. Our approved Cost Estimating and Accounting Systems require us to capture warranty cost elements as discrete costs based on anticipated actual cost elements (labor, ODC, material, etc.). We are being asked to “cover” contingent warranty claims outside of the period of performance. To be clear, should a “warranty” effort be required while the PoP is active, it would simply be “reworked’or “covered” as an allowable cost up to the point of limitation of funds (then we would need to notice as required.) However, we can’t charge as an allowable cost outside the PoP so any claims in the 1 year of coverage after the base contract ends would be unbillable.

For reference, we would point out that FAR 46.705 Limitations clause stipulates that warranties are not to be included on cost reimbursement contracts beyond what is provided for in the Inspection clauses (52.246-3, 52.246-8) and any agency approved warranties of data (46.708). Please also consider for example that the RFP contains the clause 52.246-19, Warranty of Systems and Equipment under Performance Specifications or Design Criteria, despite FAR 46.710 Contract Clauses prescribing the use of the clause only on “fixed-price supply, service, or research and development contract”. We recommend removing any reference to warranty requirements from the RFP. In our view, as mentioned earlier, issues with product failures or defective services arising during the PoP are covered as an allowable cost. Any third party warranties may be exercised on behalf of the Government to the extent that they are available. Furthermore, the clause 52.246-3, Inspection of Supplies-Cost- Reimbursement provides additional assurances, and lastly the first year T&M option is available to cover issues arising after the base PoP has ended.

a. Clauses FAR 52.246-18, FAR 52.246-19, and FAR 52.246-21 have been removed.

Contract language for Inspection Of Construction - Cost-Reimbursement has been added to section E. See updated Section I.1, removal of sections I.13 and I.14, updated sections L Factor 1 and Factor: Price/Cost, and section M Factor 1. Additionally, PWS sections 5.3.6. and 5.5.1. have also been updated to remove the requirement for a 12 month (one year) warranty.

2. We also asked a question with how to address travel costs under the T&M CLIN. It is our understanding that we were directed to wrap travel costs into our hourly labor rates. Our estimating system does not allow us to include such direct costs as travel into our labor rates.

We only cited FAR 16.601 Time-and-materials contracts in our question, however we should have also pointed out that FAR 52.232-7 Payment under Time-and-Materials and Labor- Hour Contracts which is also an RFP clause would not allow us to include direct costs (only indirect) in our labor rates: “The hourly rates shall include wages, indirect costs, general and administrative expense, and profit”. We should also clarify that we do not feel the need to include a travel CLIN. Any travel costs that may arise during the option period could be billed as ODC material costs under the existing T&M CLIN structure and they would not bear fee. We are requesting that the words “inclusive of all logistical costs (travel, etc.)” in RFP Section L para. L.9.c.1be removed.

a. Please see updated Attachment 4, updated RFP Section B.8, Section L.8, specifically Factor 1: Technical Capability removal of paragraph 10, and Factor: Cost/Price update of paragraph 1 and paragraph 2.c., and updated Section M.3 Factor:

Cost/Price.

Acquisition Questions