140D0422R0091_-_RFP_Questions_and_Answers___Issued_at_Amendment_0002_0002.pdf

RFP No. 140D0422R0062

RFP Questions and Answers – Issued at Amendment 0002

# RFP

Section

Vendor Question Government’s Response Change to RFP?

Description of Change

1 Volume I, Section 8

The Technical/Management – Management Proposal Outlines the need for Key Personnel as outlined by the PWS. Do the identified Key Personnel have to be currently employed by our organization or can they be hired should our organization be selected? If so, is there a minimum number of Key Personnel that must already be employed at the time of application?

Can Key Personnel that are identified by our organization be replaced with individuals with experience as defined by our proposal?

The key personnel do not have to be currently employed by your organization.

Additionally, see HHSAR 352.237-75

None.

2 RFP para. 6 The submission requirements (Section 6) list three sections within a Technical/ Management section: PWS, Technical, and Management.

However, the evaluation criteria (Section 7) references simply Factor 1: Technical Approach.

Does Factor 1: Technical Approach equate to the three technical/management sections?

Factor 1 will be evaluated as indicated in Section 7, Factor 1: Technical Approach.

None

3 RFP para. 6 Can offerors address the final 2 bullets of Vol 1, Section 7 in the content of Vol 1, Section 6 since these two both refer to the methods and techniques for meeting the task requirements?

Thus, these two bullets would be moved to under Vol 1, Section 6 of the instructions.

Please follow the submission format indicated in the RFP.

None

4 RFP para. 6 & 7

How will the 20-page Technical/PWS be evaluated? It is not listed as a factor under Evaluation Factors on p. 9 of the RFP.

See Section 7 – Evaluation for the full evaluation criteria and relevant references to the PWS.

None

5 RFP para. 6 In the table that spans pages 2 and 3, the entry for Volume II: Past Performance references “Letters of Commitment.” Please confirm this should be Letter of Consent.

The term used in the RFP remains letters of commitment.

None

6 RFP para.

6, Vol II

Is there a consent letter template that the subcontractors need to use? If so, please provide.

There is no template provided. None

7 PWS Task 2, p. 1

How many total eligible Afghans are estimated to receive support each year on this contract?

The number of Afghan parolees that have been resettled as of 9/12 is 77,103.

None

8 PWS Task 2, p. 1

How many total eligible Afghans are estimated to receive support each year on this contract by region/location?

We estimate between 20,000-40,000 individuals receiving some type of support over the life of the contract. We do not have this information broken down by region.

None

9 PWS Task 2, p. 1

Please provide the parameters of the 3 regions (e.g., states per region).

While the requirement calls for three regional coordinators, the vendor will have to determine which states each coordinator will be responsible for.

None

10 PWS Task 1.a

Will the government provide a list of states where eligible Afghans are located or which states legal services need to be provided?

Afghans were resettled in most states throughout the U.S.

Texas, California, Virginia and Washington State received the highest numbers.

None

11 PWS Task 2.l

What constitutes filing fees under this contract?

For example, filing fees for applications such as TPS? Please clarify the types of fees anticipated.

ORR authorizes the use of funding for the drafting and filing of the following immigration-related forms:

Form I-589

Form I-821

Form I-130

Form I-730

Form I-485

Form I-751

Form I-131

Advanced parole travel documents

Appeals with the USCIS Administrative Appeals Office (e.g., Form I-290B)

Form G-28

Form I-765

Special Immigrant Juvenile predicate orders

Form I-360 for URM specific legal assistance

12 PWS Task 2.l

In order for ACF to ensure all offerors submit comparable bids, can the government provide a total dollar value “plug number” all offerors should use to represent the filing fees which will be expensed under this contract each year?

The fees for each application will vary widely based on factors such as whether the applicant is granted a fee waiver and the kind of relief for which they are eligible. Thus, an estimated average is not available. However, please refer to USCIS website for the Fee Schedule.

None https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf

13 PWS Task 2.p

In order for ACF to ensure all offerors submit comparable bids, can the government provide the percentage of cases requiring expert witnesses or a total dollar value “plug number” to be used by all offerors?

Because the facts of each case may vary widely, we are unable to estimate the percentage of cases that may require an expert witness.

None

14 PWS Task 2.p

In order for ACF to ensure all offerors submit comparable bids, can the government provide the types of experts and associated hours or a total dollar value “plug number” to be used by all offerors?

Country Condition and other types of experts relevant to the case.

None

15 PWS Task 2.q

In order to best provide a solution for the referral database, can the government please identify the types of services requiring referrals?

Services requiring referrals primarily address Legal Services, however, the contractor is expected to establish a relationship with resettlement agencies and can refer refugees to those agencies for other non-legal service needs that may arise.

None

16 PWS Task 2.q

In order to best provide a solution for the referral database, can the government provide an approximation of the percentage of cases requiring referrals?

Because the facts of each case will vary widely, we can not estimate the number of cases that will require a referral under this sub-section.

None

17 PWS Task

In order for ACF to ensure all offerors submit comparable bids, can the government provide the percentage of cases requiring translation and interpretation, a “plug number” level of effort, or a total dollar value “plug number” to be used by all offerors for translation and interpretation?

While we don’t have an exact number, we anticipate the vast majority of cases will require at least some translation and/or interpretation services.

None

18 PWS Task 6.h

We assume site visits are for quality control purposes. Is that correct? If that is incorrect, can the government please clarify the purpose of the site visits?

Site visits should be conducted for Monitoring of compliance, provision of technical assistance.

19 PWS Tasks 1 & 2

How does the government envision the distribution of the level of effort between building capacity to provide direct service in task 1 and provision of direct service in task 2?

The first priority is the capacity building and serving as the referral and coordination hub and conducting resource mapping for states and ORR grantees serving eligible Afghan families and individuals. The direct legal services will be provided to refugees who aren’t able to be served through ORR’s other funded legal assistance programs.

None

20 PWS Task

Why is there a requirement for Arabic and Urdu translation services since these are not native languages found in Afghanistan?

Some individuals may speak these languages.

None

21 PWS,

Section VI.

Key Personnel/ Sol. Page

Section VI. of the PWS lists three key personnel positions, totaling 7 staff:

• Director/Program Manager (1 staff)

• Administrative Director (3 staff)

• Regional Coordinators (3 staff) Page 10 of the Solicitation includes a “Planning Analyst” in the key personnel list. In addition, the pricing sheet references 3 planning analysts.

Is this position a key personnel staff member, for a total of ten key personnel?

The Planning Analyst labor category is not included as part of the key personnel. The language in Factor 2: Management Approach has been updated to correct this error.

Yes Page 10 corrected to remove “and Planning Analyst

22 RFP para.

6, Volume IV, Section 2: Price

Paragraph 1. states “The pricing spreadsheet included the required labor categories, labor quantities, and level of effort (total labor hours) for each labor category. The Offeror is required to submit pricing data in the format indicated in the attachment.” Paragraph 4. in this section notes that “deviations from the provided level of effort in the pricing spreadsheet are allowed.” Further, Factor 5, also notes “the potential for variations in solutions… to meet the PWS requirements.” This is further supported by the inclusion of FAR 52.204-22 –

Correct. Per the submission requirements in Volume IV, Section 2, item 4 (RFP Page 8):

Deviations from the provided level of effort in the Pricing Spreadsheet (Attachment 2) are allowed. The reasoning for deviations shall be explained in the Price Assumptions section.

Alternative Line Item Proposals, which allows for alternative solutions to be proposed.

Q: Based on the language in paragraph 4, Factor 5, and FAR 52.204-22, it is our understanding that Offerors are permitted to propose alternative solutions that include different and/or alternative labor categories and/or labor mix. Please confirm.

23 RFP para.

6, Volume IV, Section 2: Price

Paragraph 3 requires offerors to provide data other than certified cost and pricing data to substantiate ALL proposed prices. Please confirm this requirement pertains to Other Direct Costs and Travel only since RFP Attachment 2 requires Commercial Pricing Fully Burdened Labor Rates.

This paragraph refers to all proposed pricing, including the requirement to provide commercial pricing burdened labor rates in Attachment 2.

None

24 RFP para. 8 Solicitation Provisions

This section includes FAR 52.212-1, Instructions to Offers – Commercial Products and Commercial Services*. Please clarify what the * after the clause title is meant to signify.

The * after the clause title is a typo. Yes Typo corrected on Page 11 of RFP to remove *

25 RFP para.

8, Solicitation Provisions

This section includes HHSAR Provision 352.239-73, Electronic Information Technology Accessibility Notice that requires submission of an HHS Section 508 Product Assessment Template. Please clarify where this is to be included in offerors proposal submissions. If this is to be submitted as part of our Technical proposal, please confirm this can be provided as an appendix excluded from the page count.

The information required by HHSAR 352.239-73 may be included as part of Volume I, Section 4. There is no page limit for this submission

None

26 RFP para. 8 Solicitation Provisions

This section includes AQD Custom Clause – Electronic Invoicing and Payment Requirements. It appears that the information contained under “Invoice Contents” is for

This section is now updated for further clarity.

Yes Page 38 has been updated for further clarity.

(page 38 of 41) invoicing of FFP contracts versus invoicing for T&M type contracts as it references providing a description of deliverables, price of deliverable, quantity of deliverable, Date deliverable was provided, and serial/part# if applicable. Given that this is a T&M type contract where invoices will be based on hours incurred, we request this section be modified to reflect T&M type invoicing instructions.

27 RFP para. 8 Solicitation Provisions (page 38 of 41)

This section includes AQD Custom Clause – Electronic Invoicing and Payment Requirements. It appears that the information contained under “Final Invoice” is for invoicing of FFP contracts versus invoicing for T&M type contracts as it references providing a final invoice within 60 calendar days of product acceptance and/or completion of services.

Given that this is a T&M type contract where offerors will not have final indirect rates applicable to ODCs/Travel within 60 days of completion of services, we request this section be modified to reflect T&M type Final invoice instructions.

Per the AQD Custom Clause – Electronic Invoicing and Payment Requirements, “If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal.”

None

28 RFP para. 8 Solicitation Provisions (page 39 of 41)

This section includes AQD Custom Clause – Electronic Invoicing and Payment Requirements. The second paragraph under “Final Invoice,” second sentence, states, “In the event items, a, b, or c above are not submitted….” The items in paragraph above are numbered 1, 2 and 3, there are no paragraphs a,b and c included. Please confirm

This is a typo. The typo is now corrected. Yes Typo referencing “a, b, or c” on Page 39 corrected to reflect “1, 2, or 3” this is a typo and should be replaced with 1, 2 and 3.

29 RFP para.

6, Volume IV, Section 2: Price

It is our understanding that the requirement for other than cost or pricing data is to provide the quantities and basis for the proposed costs and that actual supporting documentation is not required but may need to be provided upon request. Please confirm.

Correct. None

30 RFP para. 6 Proposal Content / Submission Requireme nts

Please confirm Cover Page, cover letter, table of contents, appendix covers, and section dividers are not included in the page count.

A cover page, cover letter, table of contents, appendix covers, and section dividers are not included in the page count.

None

31 PWS, Task 2e, 2f

For direct representation, does ORR intend to cover travel for eligible Afghans if they are not local to one of the Asylum Offices? If so, can ORR please provide a plug number to be used to cover travel for eligible Afghans to attend their interviews so budgets from all offerors can be easily compared??

Contract funds may be used to pay for travel for eligible Afghans who are not local to one of the Asylum Offices after the following steps are taken:

1. The vendor must consider the totality of the circumstances before spending contract funding on transportation and/or lodging, ensuring that all other local, state, and federal financial resources for which the client is eligible do not cover or do not have sufficient funds to cover the costs.

2. Consider employment income from the client.

32 PWS, Task 2e, 2f

What number of cases will require overnight travel for eligible Afghans to attend interviews in person at Asylum Offices?

Because the facts of each case will vary widely, we cannot estimate the number of cases that will require overnight travel for eligible Afghans to attend interviews in person at Asylum Offices under this sub-section.

None

33 PWS, Task 2e, 2f

What number of cases will require airfare for eligible Afghans to attend interviews in person at Asylum Offices?

Because the facts of each case will vary widely, we cannot estimate the number of cases that will require airfare for eligible Afghans to attend interviews in person at Asylum Offices under this sub-section.

None

34 PWS, Task 2e, 2f

For direct representation, does ORR intend to cover travel for LSPs and interpreters if they are not local to the Asylum Offices? If so, can ORR please provide a plug number to be used to cover travel for LSPs and interpreters to attend their interviews so budgets from all offerors can be easily compared?

This contract does not cover the cost of travel for LSPs and interpreters.

None

35 PWS, Task 2e, 2f

What number of cases will require overnight travel for LSPs and interpreters to attend interviews in person at Asylum Offices?

Not applicable as the cost of travel for LSPs and interpreters is not covered in this contract.

None

36 PWS Task 2.c

In order for ACF to ensure all offerors submit comparable bids, can the government provide a total dollar value “plug number” all offerors should use to represent the mailing/shipping for application materials which will be expensed under this contract each year?

Because the facts of each case will vary widely, we cannot estimate the volume of mailing/shipping that may be required for application materials that will be expensed under this contract each year.

None

37 PWS,

Section III

Section III of the PWS states that “The goal of this Contract is to secure a Contractor to provide immigration-related legal services…” Our reading of the PWS is that the prime

There is no requirement that the Contractor be a Legal Service Provider.

Contractor itself is not required to be a Legal Service Provider (LSP) or law firm or lawyer authorized/qualified to practice law. But rather, as stated in PWS III (a), that the Contractor shall meet this goal by organizing and coordinating a system for identifying and recruiting qualified immigration attorneys and/or law firms. Those attorneys and/or law firms themselves will provide the applicable legal advice, counseling, and to directly service the eligible Afghans with legal advice using their independent professional judgment. The Contractor’s role shall be to identify legal service providers (LSP), facilitate reasonable fees in all relevant geographic areas, serve as a legal service referral and coordination hub to states and ORR grantees serving eligible Afghan families and individuals and all other tasks described in Section V of the PWS, but the LSPs will maintain the direct attorney-client relationship with the eligible Afghan families and individuals. Please confirm this understanding is correct, or if not, please clarify?

38 Volume III, Section 1 Subcontrac ting Plan

Does the small business requirement apply to non-profit organization?

Yes. None

39 Volume III, Section 1 Subcontrac ting Plan

If the small business requirement applies to non-profit organizations, will the Government allow for 2nd-tier reporting; and therefore, count second tier small business subcontracting

Per FAR 52.219-9(l), Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate against the prime contractor’s goals for the purposes of small business plan?

next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe.

40 Volume III, Section 1:

Subcontrac ting Plan

The RFP states: “OTSB Offerors shall subcontract, at a minimum, 10% of the Total Contract Value (TCV) to small businesses.” It further states: Of that subcontracting dollar amount, the OTSB Offeror shall aim to meet or exceed the percentages shown below which represent the HHS FY2021 subcontracting goal Small Business: 33% Small Disadvantaged Business (including 8a, ANC): 5%

Woman-Owned Small Business: 5% Hubzone: 3% Service-Disabled Veteran-Owned Small Business: 3% “ Since the RFP includes a goal of 10% of the contract value to be subcontracted to small business, should the HHS goals that are typically stated as percentages of the total subcontracted amounts (to large and small) be applicable to this solicitation?

See updates to Volume III, Section 1 (RFP Pages 7 and 8) and Factor 4: Subcontracting Plan (Page 11)

Yes See updates Volume III, Section 1 (RFP Pages 7 and 8) and Factor 4:

Subcontracting Plan (Page 11)

41 Volume III, Section 1:

Subcontrac ting Plan

If the HHS goals do apply to this solicitation and are calculated off the total subcontracted to small business amount vs. total subcontracted amount, would the government clarify how the 33% goal to small business apples?

See answer to Question #40 above None

42 RFP 2.

Competitio n, page 2, paragraph 2

Given that funding is provided through the two Afghanistan Supplemental Appropriations Acts, 2022, when does the funding for this contract have to be spent by, and is there flexibility to spend past FY23?

The funding available for this contract will expire on the last day of the period of performance of Option Period 1.

None

43 6. Proposal Content / Submission Requireme nts;

Volume III, Section 1:

Subcontrac ting Plan page 7, paragraph 1

The proposal anticipates sub-contractors. Is a sub, sub-contractor structure similarly permissible?

Yes. None

44 FAR

52.252-2 – Clauses Incorporate d by Reference

(FEB

1998), page

Are there any reporting restrictions on advocacy, in the media and elsewhere, or on litigation?

Please see reference the incorporated clause HHSAR 32.203-70 Anti-Lobbying.

None

45 6. Proposal Content / Submission Requireme nts;

Volume III, Section 1:

For “facilitated” or “coordinated” portions of the work, do ideal partners need to be in place and confirmed in the proposal?

OTSB Offerors shall submit a small business subcontracting plan with their proposal in accordance with FAR 19.7 and the clause 52.219-9. If an OTSB Offeror does not include a subcontracting plan, the Offeror’s proposal will be deemed non-responsive. The submission of a subcontracting plan shall

Subcontrac ting Plan page 7, paragraph 1 follow the instructions found in Attachment 4 – HHS Subcontracting Plan Template.

46 6. Proposal Content / Submission Requireme nts;

Volume I, Section 7:

Technical/ Manageme nt – Technical Proposal, page 5, paragraph 1

In Task 2, regarding Direct Representation and Legal Services, the RFP references coordination and facilitation of direct representation in addition to the direct provision of those services. Three questions:

(1) Is there an expectation that the contractor would take on direct representation internally, or is coordination and facilitation sufficient?

The framing in the RFP seems to indicate that it could be sufficient for the Contractor to “coordinate with LSPs to provide and/or facilitate legal services.”

(2) To what extent do models that scale based on pro bono representation (rather than providing direct representation internally) count as direct services?

(3) Would coordination and facilitation of scalable volunteer legal services models be considered part of Task 1, or Task 2?

1. The contract requires the provision of direct representation; however, it can be provided by the vendor, a subcontractor, or pro bono attorney.

2. Representation provided by pro bono attorneys is acceptable.

3. These actions would fall under Task 2.

None

47 Performanc e Work Statement V. Tasks, Task 7:

Transition Plan, Paragraph

The Performance Work Statement indicates that the “Plan” for Contract performance must be submitted within 30 days of award and implemented within 14 days of approval. Is award defined as the date the contract is awarded or the date the project period commences?

The award date is defined as the date the contract is awarded.

48 Performanc e Work Statement VI. Key Personnel, Page 6, Paragraph

Must “key personnel” be situated within the Offeror’s organization, or could they be embedded within subcontractors/identified partner organizations?

See answer to Question #1. None