Amendment 0003 Q_A_0003.docx

Solicitation Number 140P1121R0001 Amendment Number 00003

The following questions were received in response to the solicitation. The government’s response is provided below each question.

1. Question:

Does the number of resumes provided for each position add value to the offeror's proposal (such as for the Exhibit Specialist position, we have over 20 on our staff)? Should we include resumes for each person at the company who fulfills the applicable role or does the NPS feel that 2-3 resumes are sufficient to gauge the general ability of our staff?

Government Response:

The offeror shall identify ALL personnel proposed for each of the roles identified. More than one individual may be identified for a position; however, one person may fill no more than two (2) of the project roles as listed in the solicitation.

2. Question:

For the Past Performance section (pg 49-50) — are we required to submit a page with our past performance references that list any problems and corrections?

Government Response:

There is no requirement to list any problems and corrections. If there were problems and corrections which would benefit the reviewer, you can include those on the last page.

3. Question:

Is this IDIQ contract subject to the Service Contract Labor Standards (SCLS)? Page 38 of the RFP does not indicate by check mark that any of those clauses are applicable to the contract.

Government Response:

As stated in the solicitation, “If the contractor determines any of the key personnel listed above are subject to the application of the Service Contract Labor Standards, the contractor shall identify those key personnel as part of the offerors proposal.” The contractor shall make that determination based on the work being done by the key personnel. The U.S. Department of Labor, Wage and Hour Division provides guidance on Exemptions for Professional Employees with a creative professional employee exemption.

In accordance with Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA) | U.S. Department of Labor (dol.gov) To qualify for the creative professional employee exemption, all of the following tests must be met:

• The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684* per week, or on an hourly basis at a rate not less than $27.63 an hour;

• The employee’s primary duty must be the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor

*The Department of Labor revised the regulations located at 29 C.F.R. part 541 with an effective date of January 1, 2020. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. The final rule is available at:

https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and.

4. Question:

If the Service Contract Labor Standards are applicable to the IDIQ contract, will all of the task orders issued under the IDIQ also be subject to the Service Contract Labor Standards?

Government Response:

If the contractor determines any of the key personnel listed are subject to the application of the Service Contract Labor Standards, application to the identified key personnel will apply for all task orders issued under the IDIQ contract.

5. Question:

If the Service Contract Labor Standards are applicable to the IDIQ contract, does that require the contractor to use the Service Contract Act Wage Determinations as listed on beta.sam.gov for each of its task orders?

Government Response:

If the contractor determines any of the key personnel listed are subject to the application of the Service Contract Labor Standards, the contractor would be required to pay no less than the wage rates and fringe benefits, for the identified key personnel for all task orders.

6. Question:

We see five "Required Labor Categories" for the IDIQ on page 21 of the RFP that are also listed in the Service Contract Act Wage Determinations:

- Exhibit Specialist

- CAD detailer/drafter

- Illustrator

- AV technician

- Graphic artist Please confirm that the wage rates listed in the Service Contract Act Wage Determinations are the rates that all contractors must apply to the above-listed labor categories for all work conducted under the IDIQ contract.

Government Response:

A distinction for applicability to Service Contract Wage Determinations is the work being performed as a creative professional. An exemption for creative professionals could apply, based on the work being performed by the key personnel. Exemption as a creative professional depends on the extent of the invention, imagination, originality, or talent exercised by the employee. If the contractor determines their key personnel does not meet the exemption, the contractor would be required to pay no less than the wage rates and fringe benefits for all task orders.

7. Question:

Please indicate if the contract must apply SCA wage determinations to any other "Required Labor Categories" listed on page 21 of the RFP, and which occupation codes should apply to the labor categories.

Government Response:

The offeror shall determine if the work to be completed by the key personnel for the required labor categories meets the exemption of a creative professional under the SCA. Exemption as a creative professional depends on the extent of the invention, imagination, originality, or talent exercised by the employee.

8. Question:

If the contractor is to use the wage rates as set forth in the Service Contract Act Wage Determinations, do the rates apply for all work performed under the contract by the applicable labor categories or for onsite work only?

Government Response:

If the contractor determines the work performed by key personnel is applicable to the SCA Wage Determinations, the rates will apply for all work performed by that key personnel.

9. Question:

If the contractor is to use the wage determinations as set forth in the Service Contract Act Wage Determinations for the duration of the contract, are contractors expected to use two different wage rates depending on the county where the work is being performed? Typically, the labor for fabrication and the labor for installation are performed in different counties.

Government Response:

The contractor would be required to use the wage determination for where the work is being performed. For fabrication, it would be the contractor’s facility; for installation, it would be the park site.

10. Question:

If the contractors are required to apply the wage rates to our labor under the contract and each contractor will use different rates based on which county they are located, will the task orders be evaluated using progressive evaluation criteria? For instance, will the price scoring follow an accelerating schedule based on the wage rates a contractor was required to use rather than the lowest price receiving the greatest number of points so that counties with higher rates are on an even playing field with the counties who have lower rates?

Government Response:

The wage rates for fabrication would be the contractor’s facility. Evaluation of Price/Labor Rates will be in accordance with the instructions to offerors contained in the solicitation under 52.212-2 – Evaluation – Commercial Items, Factor 5: Labor Rates/Price. The labor rates will not be point scored or adjectively rated but will be evaluated to determine price reasonableness.

Addendum 1.0: Schedule of Supplies and Services, and Addendum 2.0: Ordering Procedures outline task order pricing and how task orders will be handled. The government anticipates award of a fixed-price task order; pricing shall be calculated based upon labor rates no greater than those set forth in the pricing schedule and other direct costs that are required to perform the requirements of the task orders shall be identified and price negotiated prior to task order award. The labor rates will not be point scored or adjectively rated but will determine the level of effort proposed demonstrates a clear understanding of the work to be completed. Additional procedures for evaluating task orders may vary from project to project based on specific requirements of the issuing office.

11. Question:

We have a question regarding rates for the Videographer labor category. In some cases, this rate includes videographer and video equipment together in a single rate. Can you advise whether the NPS is requesting a rate that is just for videographer labor, or if they want a videographer with equipment hourly rate?

Government Response:

The rate for the videographer should include the equipment hourly rate as this is what we need when we require a videographer.

12. Question:

For the Excel Attachments 6 and 7 marked Component Inventory Schedule Form and Component Inventory Sample, one is blank, and the other appears filled out for another project the Valor in the Pacific National Monument, Pearl Harbor Historic Sites, and Hawaii. In Attachment 11, the Sample Task Order Statement of Work, it is listed under Section 3.11 Closeout for the project, item 3.11.5. I do not see any other reference to it included in the RFP response requirements for Volumes 1, 2, 3, or 4. Is the intent to show this as a reference? If not, are we required to include this with our response to Volume II for Sample Task Order along with Attachment F Cost Estimate Form?

Government Response:

Attachment 7, Component Inventory Sample is intended as a reference to exemplify a completed CI Form. There is no requirement to include this form as part of your proposal.

13. Question:

In the Proposal RFP Part D - Solicitation Provisions, Instructions to Offerors, item n. Proposal Volumes, as listed on page 44 of 76, Volume III Past Performance is shown with the following page limitation of:

VOLUME III – Factor 3: Past Performance (Limited to 5 pages) But on page 49 of 76, this section requires 4 page forms be provided and filled out by clients and included in our proposal response. Since we will be the Prime Contractor, and we have several subcontractors on our team to fulfill all labor category roles for the IDIQ for multiple projects, is this meant to be a 5 page limit per firm or project and/or different larger page limit amount?

Government Response:

VOLUME III – Factor 3: Past Performance should state (Limited to 5 pages per reference). The offeror shall fill out the appropriate blanks on Page 2 of the Past Performance Questionnaire and coordinate completion of Pages 3 and 4 with the respective reference. Page 1 of the Past Performance Questionnaire contains instructions and does not count toward the total page count of five (5) pages for each reference.

14. Question:

In the Requirements for Volume 1 Technical Approach and Capability, please confirm that you are only looking for (3) to maximum of (5) Project Examples from the Prime Contractor responding to the solicitation? And not any work examples from any subcontractors we may add to our team to meet the roles listed for the required hourly rates?

Government Response:

The offeror shall submit a minimum of three (3) and a maximum of five (5) project examples from the prime contractor. Samples of work that include the key personnel, including subcontractors, proposed for the contract may be more favorably rated, but are not required.

15. Question:

In the Requirements for Volume 1 Technical Approach and Capability, item 5 Key Personnel Samples you request (3) samples of work from Audio Visual Producer, Illustrator and Model-Maker. But in Section B , Elements 2: Facilities and Equipment it states “If the below-listed task or function is performed using a subcontractor’s facility and equipment, identify a minimum of one and no more than three potential subcontractors and provide the required information.” Considering that the list contains a total of (16) Key Personnel / Capabilities Roles, we have more than a maximum of three subcontractors to fill those capabilities. How can we prioritize the three we should include in this location of our response? For example, #1 is 3D Printing, but that is not a labor category required for pricing, nor is #16, Tactile and Braille Graphic Panels and Maps, both of which require dedicated specialty vendors if needed for a project.

Can we provide the facilities and equipment information for the last (3) in previous section– Audio Visual Producer, Illustrator and Model Maker only? We know they will by Subcontractors for our team. And then describe any others above the maximum (3) count without providing the requested photographic documentation of facility work areas, and the overall square footage of the work areas of all of the others?

Government Response:

The samples of work requested for the Audiovisual Producer, Illustrator, and Model-Maker are required for the government to evaluate the technical and creative/artistic ability of these key personnel.

The tasks and functions under Item B, Element 2: Facilities and Equipment are required to evaluate that the offeror has, or has access to, the necessary equipment for typical types of work required under the contract. If the task or function will be performed using a subcontractor’s facility and equipment, identify a minimum of one, and no more than three, potential subcontractors for each task or function. For example, the offeror may identify one to three vendors that might be used for 3D printing; and may identify one to three vendors that might be used for Braille graphics; and so on.

NOTE: In accordance with FAR 52.219-14, Limitations on subcontracting at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the prime contractor.

16. Question:

Can you share the names of any artifact mounters who are journeyman classified?

Government Response:

The government cannot provide the names of any artifact mounters who are journeyman.

17. Question:

Can you clarify which Key Personnel we should consider subject to the application of the Service Contract Labor Standards?

Government Response:

A distinction for applicability to Service Contract Wage Determinations is the work being performed as a creative professional. An exemption for creative professionals could apply, based on the work being performed by the key personnel. Exemption as a creative professional depends on the extent of the invention, imagination, originality, or talent exercised by the employee.

18. Question:

RFP Part D Instructions to Offerors, d. Submission of Proposals (p. 42): This states that "Links to URLs shall not be considered." Does this requirement apply to the Key Personnel Samples for the Audiovisual Producer outlined on p. 46? That is, are video samples required to be submitted via the USB flash drive?

Government Response:

This applies to the Key Personnel Samples for the Audiovisual Producer. Samples shall be submitted via a USB flash drive.

19. Question:

RFP Part D Instructions to Offerors, 1.(1).A.5.a. Key Personnel Samples, Audio Visual Producer (p. 46): It states "Provide three (3) samples of 5 minutes or less representative of the breadth of work of the proposed AV Producer." Please clarify whether this means three videos, each 5 minutes or less; or one video that shows three projects and is 5 minutes or less?

Government Response:

Three videos, each 5 minutes or less.

20. Question:

Page 44 of the solicitation says that Volume III Past Performance is limited to 5 pages but the questionnaire itself is 3 pages long. If we include 3 questionnaires as specified in the RFP, that will make us exceed the page limit. Additionally, page 50 says that we must also submit 3 references for each listed subcontractor. Since we don't have exclusive agreements with our subcontractors, we plan to present multiple firms that we could possibly use to perform critical aspects of the IDIQ such as AV production, AV hardware, illustrations, etc. This will require us to include many questionnaires.

Government Response:

VOLUME III – Factor 3: Past Performance should state (Limited to 5 pages per reference).

The offeror shall fill out the appropriate blanks on Page 2 of the Past Performance Questionnaire and coordinate completion of Pages 3 and 4 with the respective reference. Page 1 of the Past Performance Questionnaire contains instructions and does not count toward the total page count of five (5) pages for each reference.

21. Question: On page 49 of the Solicitation, #3 Volume III – Factor 3: Past Performance states; “The offeror shall fill out the appropriate blanks on Page 2 of the Past Performance Questionnaire and coordinate completion of Pages 3 and 4 with the respective reference. Completed Past Performance Questionnaires shall be included in the offeror’s proposal and not sent directly to the agency.” This seems to indicate we are to ask our references to complete the forms and send them back to us so we can include the completed forms with our proposal. This would be different than in years past. Can you clarify if we are to include fully completed forms, including sections completed by our references, in our proposal?

Government Response:

The offeror shall include completed forms with their proposal, with the sections completed by the references.

22. Question:

Volume III - Factor 3: Past Performance as described in Part D, n. 3. on pages 50-51.

A. Should the offeror include completed Past Performance Questionnaires from 3 prior projects in this volume?

B. If 3 Past Performance Questionnaires are to be submitted in Volume III, are the questionnaires pages excluded from the 5 page limit for this volume?

C. The solicitation states "A narrative that articulates experience and description of technical expertise in methods and analysis for these needs should be provided.” Can you clarify what information should be included in this narrative? What additional information should be provided beyond what is presented in Volume I Technical Approach and Capability, Subfactor 1: Technical Capability, Element 1: Samples of Work, 2. Project Narrative of Skills and Abilities?

Government Response:

A. The offeror shall fill out the appropriate blanks on Page 2 of the Past Performance Questionnaire and coordinate completion of Pages 3 and 4 with the respective reference. The completed Past Performance Questionnaires shall be included in the offeror’s proposal; do not have the reference submit questionnaires directly to our office.

B. The five (5) page limit for Past Performance is for each individual reference. There is no overall page limit for all Past Performance combined.

C. The offeror’s narrative shall demonstrate a comprehensive understanding of the scope and requirements of this solicitation. Provide the proposed methodology for providing museum interpretive quality exhibit fabrication to ensure, in terms of feasibility and the potential ability, the capability to accomplish the work in the National Park Service context. Innovative technical approaches which resulted in favorable results within the scope and requirements of this solicitation may be included.

23. Question:

Volume I Technical Approach and Capability, Subfactor 1: Technical Capability, Element 1: Samples of Work

Government Response:

A. Fabrication Drawings may be excerpted from different projects to provide examples of the required technical skills.

B. The .mp4 format is preferred; MP4 is typical for videos over multiple platforms.

24. Question:

Volume IV: Factor 4: Price/Labor Rates

Government Response:

A. The accurate form to be returned is the SF1449.

B. Blocks 21-24 should be blank. The Pricing Schedule is outlined in Item 6.