19AQMM22R0154_QandAs_Final.pdf

19AQMM22R0154 – Questions and Answers – 19 August 2022

NOTE: Responses provided below are informational only and do not change the terms of the solicitation. The Contracting Officer will make changes to the solicitation, if any, through the issuance of an amendment utilizing Standard Form 30.

Section / Attachment Number

Page Number and Paragraph

Solicitation Requirement Question / Recommendation USG Response

1. Standard Form 1449 Page 1 Offer Due Date 12:00 PM 15 August 2022 Will the Government please consider issuing a 10-day extension to the due date?

Due date will be extended.

2. N/A N/A N/A a) How many Task Orders from the previous contract (# SWHARC16D0008) have been issued?

b) How many FTEs have been provided in the current contract?

c) Can you please provide the labor categories and the number of employees per each labor category?

a) The task order numbers and values are publicly available via www.fpds.gov by searching for contract number SWHARC16D0008.

b) The number of FTEs varied from year to year, as did the labor categories.

c) The estimated labor categories and number of employees for the current contract are detailed in Attachment 9.

3. RFP, B-003 (e) Page 7, (e) (e) Each negotiated fixed fully loaded hourly labor rate consists of an unloaded hourly labor rate, any labor- related direct costs (e.g., any direct fringe benefits, any direct bonuses), all costs 19AQMM22R0154 Page 8 of 142 associated with satisfying any local labor laws, applicable indirect costs, DBA insurance, and profit amount. It does not include any other costs, including ODCs/non-labor-related direct costs.

Under some circumstances, local labor law can still be satisfied with labor contracts formed under inflexible fixed term contracts, without the Colombian Labor Law required indemnity component or also through a civil or commercial consultancy agreements that would require a labor burden. With this in mind, would the Government please consider providing a “leveled playing field” by requesting that bidders utilize fully flexible and indemnified “indefinite” Colombian labor contract vehicles?

The Government will not mandate a specific labor contract type. That said, the Government will amend the RFP to require an Offeror to disclose as part of the Staffing Plan the type of local labor contract it intends to use and will evaluate accordingly.

4. RFP Pg 7 (e) (e) Each negotiated fixed fully loaded hourly labor rate consists of an unloaded hourly labor rate, any labor- related direct costs (e.g., any direct fringe benefits, any direct bonuses), all costs associated with satisfying any local labor laws, applicable indirect costs, DBA insurance, and profit amount. It does not include any other costs, including ODCs/non-labor-related direct costs.

a) Considering payments from the USG will be in USD, and salaries are paid in Colombian Pesos, where in the salary buildups would you want to see our calculations for currency risk given the current inflationary environment and market instability?

b) If local labor law requirements or local benefits change from the time of proposal submission, will modifications be authorized?

a) These calculations are not required.

b) No. If this happens, the Offeror must notify the Government prior to award of the contract.

5. RFP B-003 7-8, Para c, d, e c…. fully loaded hourly labor rates are in US Currency d…. fully loaded hourly labor rates are based on performance by local National employees only

Paragraphs c and d implies that contracting company will be reimbursed for labor in Dollars while their employees will be re-imbursed in local currency (to be compliant with host nation labor laws). This leaves the contracting company holding the risk of currency differences between Colombian Peso and US Dollars.

Question: Will the customer consider annual analysis of currency differences and amendments to pricing based on comparative differences in exchange rates for execution of each option year?

No. Fixed USD rates. Price the rates accordingly.

6. B003 – Fixed Fully Loaded Hourly Labor Rates

Pag 8 – Parag. 2 Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a direct material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

Can the Government confirm if the costs associated with the included possibility of Teleworking, as required by the Colombian labor law, should be included as an ODC under each position separately from the Fixed Fully Loaded Hourly Labor Rates.

Only if Government-directed telework is involved.

Refer to RFP Item C-008 (Telework), paragraph (f).

7. B-003 (e) p.8 para. 2 Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a direct material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

Can the USG clarify if post diff and danger pay priced during proposal will remain the same throughout the period of performance and be re-evaluated during option years?

Per item B-003(d), “The negotiated fixed fully loaded hourly labor rates are based on performance by Local National employees only.”

Post hardship differential pay and danger pay do not apply to local nationals.

8. B003 – Fixed Fully Loaded Hourly Labor Rates

Page 8 – (h) 6. A normal workweek of 48 hours generally applies to performance in Colombia, excluding Bogota.

Colombian labor law has established the reduction of the workweek from 48 hours to 42 hours gradually as follows: July 2023 (47 hours), July 2024 (46 hours), July 2025 (44 hours), July 2026 (42 hours). Does the Government agree that this reduction needs to be considered for establishing the fixed fully loaded hourly labor rates for the 48-hour positions required under the solicitation?

All position will be changed to a 40-hour workweek. If a different workweek is required for a specific task order, the rates will be negotiated prior to issuance of the task order.

9. B-003 (k) p.9 para.1 The fully loaded hourly labor rates awarded as part of an individual task order will apply only to that task order. The fully loaded hourly labor rates awarded as part of an individual task order will also apply to each equitable adjustment resulting from any change to the task order requirement.

Can the USG clarify if the equitable adjustment may include cost of living increases due to significant increases to inflation?

No, it does not.

10. B003 – Fixed Fully Loaded Hourly Labor Rates

Page 9 – (m) (m) For labor-hour arrangements and the time portion of time-and-materials arrangements, labor hours for each labor category will be paid at the same negotiated fixed fully loaded hourly labor rate regardless of whether the individual performing the labor works (either as an employee or consultant) for the prime contractor or a subcontractor.

Colombian labor law has established a clear difference for legally established companies to hire employees and consultants. This difference among other items mainly refers to the fact of establishing labor contracts (hiring employees) when there is Subordination in the relationship. Would the Government agree that, given the nature of each position requirement and the tasks and responsibilities provided in Attachment 2 and the clear need of subordination (meeting schedules, performance of responsibilities, working under a workweek schedule, etc.), all positions should be proposed as direct employees and not as consultants?

The Government will not opine on a company’s compliance with local labor laws. This statement deals with payment by the Government in case a subcontractor or consultant is involved.

11. B-005 Travel Costs Page 10 Travel Costs Will this contract require offerors to provide all the travel and logistic arrangements for the required solicitation positions?

No. Currently, contractor travel expenses are covered separately through an INL Bogota grant.

However, there may be situations that require the Contractor to arrange and pay for their employees’ travel. Said expenses will be reimbursed by DOS.

Note: All non-DOS directed PMO travel is the responsibility of the Contractor and must be included in the monthly FFP proposed for the PMO.

12. B-005 Travel Costs Page 10 Travel Costs Will the Government provide an estimation of travel to be calculated and budgeted per required position?

No.

13. RFP Page 12 Section I Travel time payments not to exceed 8 hours Several positions within Attachment 2 reference travel as part of job duties that is reliant on GoC Air assets and scheduling. Is it INL’s intent to require this as a job function but only pay for up to 8 hours that occur during normal travel hours?

Paragraph (i)(8) states “Exceptions must be authorized in advance and in writing by the Contracting Officer.”

Contractor needs to coordinate ahead of travel with COR and CO.

14. B-005 (i) (5)

p. 12 para 5 The Government will not pay for a contractor employee’s travel time that is outside the employee’s regular working hours.

Can the USG clarify employees will not travel to locations farther than an 8-hour distance?

Can US clarify employees will not travel on weekends?

Refer to response to question 13.

15. B-6 p. 13, para. 1 Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable and allocated separately as an ODC (other direct cost) or direct material at the task order level.

Please confirm that G&A can be charged to these expenses.

A general response cannot be provided as allocation and application of indirect rates varies from company to company. Refer to FAR 52.232-7 and FAR 52.216- 7.

16. B-7(i)(1) p. 16, para 2 1. Government payment for overtime will be made at the fixed fully loaded hourly labor rates negotiated in the contract or task order.

3. Government payment of overtime will be made only if the Contractor compensates the Contractor employee for the employee’s overtime performance. Contractor payment for each overtime hour shall be, at a minimum, at the regular hourly labor rate that the employee actually receives for normal workweek performance, and, if applicable, at the overtime premium that the employee actually receives for overtime performance.

These statements appear to contradict. Can the government clarify. Local labor codes require overtime payment at a rate that exceeds the normal labor rate, e.i. time and a half and in some cases two (2) times labor rate for working outside the standard work week. If overtime is required and authorized by the CO in advance, will the government compensate at the premium overtime rates.

Attachment 9, Tab 4 allows a prospective offeror to propose OT premiums if required by local labor laws.

17. RFP 16 Overtime Approval By 0.00 dollars, please confirm that the government intends that all overtime, whatever the amount, must be authorized in advance by the CO?

Refer to item B-008(g) for fixed-price arrangements.

Refer to item B-008(h)(3) for cost-reimbursement arrangements and the materials portion of time and-materials arrangements.

Refer to item B-008(i)(2) for labor-hour arrangements and the time portion of time-and materials arrangements.

18. RFP B-008 p. 14, para. I 5. The Government will not pay for a contractor employee’s travel time that is outside the employee’s regular working hours.

Does this mean that if an employee needs to travel on a Sunday or in the evening, they will not be compensated for travel time?

Refer to response to question 13.

19. B-9(e) p. 18 para. 5 However, the Government will pay during such period any labor rates or prices that have been adjusted in accordance with any applicable terms contained in this contract.

Does this mean that the offeror can adjust for inflation on the NTEs at time of Task Order bidding for Task Order POPs that exceed the

IDIQ POP?

No. Last sentence will be removed.

20. RFP B-009 section G pg.

(g) Task orders awarded under this contract will support foreign assistance projects under the Foreign Assistance Act of 1961 (Public Law 87- 195). The Contractor shall not pay any taxes, import, or customs fees to the government of the host nation or aid receiving nation(s). As appropriate, INL or the U.S. Embassies concerned may assist in customs or other official clearances of contractor-acquired items and associated equipment for duty-free status. If taxes, import, or customs fees cannot be mitigated, the Contractor shall request directions from the Contracting Officer.

What documentation and support will INL provide the awardee to ensure compliance with this standard from the Government of Colombia?

Historically, equipment purchases under the contract have been very limited. In addition, when required, INL recommends the use of local vendors to prevent issues related to taxes and customs clearance process.

The DOS will provide the offeror with a Tax Exemption Letter to assist with the taxing and customs process.

Note: The flexibilities of this section apply to the Offeror, not to individual contractor / subcontractor employees.

21. RFP, C-002 Page 26, para (ix) Facilities and Field Support Management a) What facilities and grounds are to be maintained under this contract? What are their locations, features, and square footage?

b) Need to know specifics, or better yet, inspect/visit the facilities so we understand current mission and are prepared to support future expansion plans, if any.

a) The Facilities and Maintenance Technicians (FMT) task order stipulates the personnel required to execute facilities maintenance tasks. They perform those functions based on INL mission requirements and priorities may change. Pricing on a FFP basis is not required.

b) Site visits will not be arranged at this time. The IDIQ is requesting prospective offerors to provide pricing for certain labor categories. If required, site visits will be arranged prior to award of task orders.

22. C-003

QUALIFICATIONS

OF CONTRACTOR

PERSONNEL

(a) GENERAL

Page 27 – Paragraph

All personnel assigned by the contractor for the performance of the respective services shall be regular employees of the contractor or have a direct contractual relationship with the contractor (e.g., Consultants and Subject Matter Experts).

There shall be no employer-employee relationship between the U.S. Government and contractor personnel.

Colombian labor law has established a clear difference for legally established companies to hire employees and consultants. This difference among other items mainly refers to the fact of establishing labor contracts (hiring employees) when there is Subordination in the relationship. Would the Government agree that given the nature of each position requirement and the tasks and responsibilities provided in Attachment 2 and the clear need of subordination (meeting schedules, performance of responsibilities, working under a workweek schedule, etc.), all positions should be proposed as direct employees and not as consultants?

The Government will not opine on a company’s compliance with local labor laws. This statement deals with payment by the Government in the case a subcontractor or consultant is involved.

23. C-003

QUALIFICATIONS

OF CONTRACTOR

PERSONNEL,

Section (a)

GENERAL

Page 27, Paragraph 3 The Contractor shall not employ under this contract any person who is an employee of the United States Government (USG), or family member of a USG employee, unless prior written approval is provided by the Contracting Officer.

Approval will not be granted in cases where the employment of said person creates an actual or perceived conflict of interest or is contrary to established laws, regulations, and policies of the

USG.

Is the Contractor able to employ former employees of the USG and/or their family members? If yes, is there a certain number of years they must be separated from the USG (cooling offer period) in order to be eligible for employment under this contract?

If an Offeror has questions pertaining to hiring of former Government employees, it should consult qualified counsel.

24. RFP C-004 (A) page 28 Employees must obtain required medical clearance prior to performance and shall maintain said clearance for the duration of performance.

Please identify what is meant by “required medical clearance” this is both highly subjective and variable across the various LCATS. People working with HAZMAT for example have greater screening requirements than desk workers. Additionally what standard is acceptable? Embassy, local law etc.

Employees must obtain and maintain/ pass the annual medical examination required under Colombian labor law. Pilots or other crew members must maintain the medical clearances indicated in the position description.

25. C-004 Other Personnel Requirements – (a) Personnel Health Requirements

Page 28 All employees shall be free from communicable diseases and be current with all required vaccinations as required by the US Embassy Bogota. In addition, employees must obtain required medical clearance prior to performance and shall maintain said clearance for the duration of performance.

Can the Government confirm which vaccinations are required by the US Embassy, Bogota?

There are currently no vaccinations required by the US Embassy in Bogota. The following will be removed:

“and be current with all required vaccinations as required by the US Embassy Bogota”.

26. C-004 Other Personnel Requirements – (a) Personnel Health Requirements

Page 28 All employees shall be free from communicable diseases and be current with all required vaccinations as required by the US Embassy Bogota. In addition, employees must obtain required medical clearance prior to performance and shall maintain said clearance for the duration of performance.

If COVID-19 vaccination is required by the US Embassy Bogota, how would the Government want offerors to manage the fact that, under the Colombian Labor law, employees cannot be forced to get vaccinated? Would this mean that employees who are not willing to comply with this vaccination need to be replaced?

Refer to response to question number 25.

27. C-008 Telework Pages 30-31 (f) Government-directed telework (if allowed by local labor laws): The Government will consider requests for equitable adjustments if the requirement to telework imposes additional costs on the Contractor.

Under Colombian labor laws concerning Telework (Article 2, Law 1221 of 2008), it is established that the employer needs to take into consideration possible allowances including equipment, internet/communications, utilities and workstation health and safety compliant requirements. Is the Government expecting offerors to submit pricing for this item as an ODC or will this will be done at the task order level?

Refer to C-008(f) for Government-directed telework.

Refer to C-008(g) for Contractor- requested telework.

28. E-005 Government Quality Assurance

Page 39 - Staffing Contractor fills and retains at least 95% of all approved positions. The Contractor shall accurately report staffing levels in the monthly reports.

Is it the Government’s intention that the contractor retain at least 95% of the incumbent workforce?

This is a post-award performance requirement that applies whether the Contractor retains the current workforce or it does not.

Refer to Section H-003 for non-displacement of qualified workers requirements.

29. F-003 PLACE OF

PERFORMANCE

Page 41, Paragraph 1 The principal place of performance for this contract is Bogota, Colombia. Task orders are also anticipated for other states and departments located throughout Colombia. Many of the nonpersonal services will be performed outside of Bogota in INL Bogota’s forward operating locations or in partnership locations with the Government of Colombia. Place of performance will be specified in each individual task order.

Requirements for domestic and/or international travel will be specified in each task orders.

Can the Government identify the other locations in Columbia where task orders are anticipated?

Currently, Caucasia, Tumaco, Ibague, San Jose del Guaviare, Tolemaida (Melgar), Mariquita, and Facatativa. Locations are subject to change.

30. F-3 p. 41 para. 1 Task orders are also anticipated for other states and departments located throughout Colombia.

Many of the non- personal services will be performed outside of Bogota in INL Bogota’s forward operating locations or in partnership locations with the Government of Colombia.

Does the government anticipate that additional in-country support offices / PMOs are established to support work in the additional forward operating locations?

The Government does not anticipate a requirement to establish other support offices. However, each prospective offeror shall determine the best way to manage its workforce.

If a prospective offeror determines that additional PMOs are required, the price of said offices must be included in the monthly PMO FFP in Attachment 9, Tab 1.

31. IDIQ Contract Deliverables

Page 44 D16 FAPIIS Reporting - Semi-Annually starting 6 months from the anniversary date of the OASIS Notice-to-Proceed. Electronically via FAPIIS website and notify the CO of completion via email.

Can Government confirm if this deliverable applies to this solicitation as this is not under the OASIS schedule?

Reference to OASIS is a mistake and will be removed.

32. RFP G-003 P 50 (7) For Defense Base Act (DBA) Insurance costs under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time- and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall submit a breakdown of the actual incurred DBA Insurance costs for each covered employee.

Is the contractor required to cover Colombian LN’s under DBA insurance? (They are receiving workers compensation through government system to which contractor contribute via payroll taxes) (Colombia Workers’ compensation — This is handled by the state life insurance company Positiva, or duly authorized private sector life insurers, which usually form separate companies or units known as labor risk administrators (administradoras de riesgos laborales – ARLs).)

Colombia is not on the list of active DBA waivers.

Refer to https://www.dol.gov/agencies/owcp/dlhwc/dbawaivers/ dbawaivers.

33. G-3(g) p. 51 para. 1 (g) All submitted invoices shall be in English.

All backup documentation shall be either in English or accompanied by a substantive translation with an affidavit of accuracy signed by the translator.

If USG directs translation with affidavit are those costs reimbursable as ODC?

The costs are to be included in the monthly PMO FFP.

34. G-3(g) p. 51 para. 1 (g) All submitted invoices shall be in English.

All backup documentation shall be either in English or accompanied by a substantive translation with an affidavit of accuracy signed by the translator.

Does the translator that signs the affidavit of accuracy need to be a certified translator?

Yes.

35. H-001 p. 55 para. 1 The contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. In the event of a conflict among the contract and requirements of local law, the contractor shall promptly advise the Contracting Officer of the conflict and a proposed resolution. Unless otherwise directed by the CO, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders of the contract.

The contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

In the event that the CO provides good faith direction which is later determined by local authorities to be in violation of local law, ordinance, or regulation, and costs are ascribed to the contractor, will the government reimburse these costs?

For the past 10 years of this program the CO has not had to issue said directions and does not expect to do so under this contract. That said, the Contractor may ask specific questions or share specific concerns once and if a direction is issued.

36. RFP H-003 page 55 Non displacement of Qualified workers a) Please confirm the timeline and format with which the incumbent will provide contact details for all current contract employees.

b) If current contract employees agree to maintain job and transition to new employer, does the offeror still need to provide two (2) resumes for that position?

a) During phase-in period.

b) No. However, the Contractor needs to verify that the individual meets the minimum requirements of the labor category.

37. RFP H-005-page 56 US Citizen Personnel MRPT Will US Clearances higher than an MRPT be accepted for starting work on this contract for US personnel?

38. RFP 56/H-005(a) MRPTs/ RSO Vetting Will the government commit to a transfer of MRPTs or RSO Clearances from the incumbent to a new awardee if the MRPT or RSO Clearance if the clearance is still valid, in order to avoid gaps in performance during transition?

If at all possible, incumbent US citizen personnel with a valid MRPT determination will be processed for transition to the new contract. Additional paperwork may be required.

The RSO would determine (in accordance with Post policy) whether a non-US citizen requires a new vetting approval or whether any additional paperwork is necessary.

39. RFP H-005(b), pg. 57 Security Requirements – Assignment of Contractor and Subcontractor personnel

All non-U.S. Citizen (Third Country National (TCN or Local National (LN)) personnel performing on this contract or task order shall be vetted in accordance with the Overseas Vetting Guidelines (OVG).”

Please provide a copy of the OVG or a link where document can be accessed.

References to OVG removed.

40. RFP H-005(c) pg. 58 Security Requirements – U.S Security Packages “Refer to the DD Form 254 issued....”.

Paragraph H-005 annotates this is an unclassified contract and there is no DD Form 254 attached to this RFP. Please confirm and/or provide a copy of the DD Form 254.

Reference to DD254 removed.

41. RFP 58/H-0005 Security Requirements and Clearance Processing Times.

Once the contractor has submitted the security packet for the MRPT or RSO clearance, it is beyond the contractor’s control regarding the processing time. As long as the contractor has submitted a complete packet IAW with the RFP, will the USG hold the contractor harmless during delays in processing?

Not necessarily. The contract also requires that: “The Contractor shall ensure that all personnel meet the approved criteria and satisfactorily complete all screening and selection process requirements. The Contractor needs to follow their own internal vetting process to ensure there is a reasonable expectation that their employees can obtain the MRPT determination or RSO vetting approval necessary for contract/task order performance.”

42. RFP H-005, pg. 58 NP2 Access Who and how many personnel from awardee company will be granted access to the NP2 system?

Typically, this would be the Facility Security Officer (FSO) of a cleared company or a designated security representative of an uncleared company. A reasonable number of additional security personnel, designated by the FSO or designated security representative, may be granted access to the NP2 Portal and eQIP system.

43. H-15 p. 62 para. 1 Personnel performing under this contract may be required to be designated as an Emergency Employee. Emergency Employees are required to remain at or report to work during emergency situations to support Department operations, operate facilities, maintain the critical infrastructure, or provide security for the Department. As an emergency employee, they will be required to report for, or remain at work in emergency situations in accordance with their regular work schedule to perform normal duties in support of Department Operations, or if directed, other functions related to the office’s mission, unless excused in advance by the COR.

Is there a provision for automatic OT approval when/if a designated Emergency Employee is deployed suddenly in response to an emergency?

No. If required, OT will be approved on a case-by-case basis.

44. H-17(c) p. 65 para. 1 If removal of a Contractor employee is for the convenience of the Government, it shall be regarded as (1) a Change entitling the Contractor to an equitable adjustment if the employee is to be replaced;

In the event USG cancels a position for government convenience does equitable adjustment also include recruitment, travel, transportation and shipping costs, and severance pay?

The termination clause establishes rights and remedies for both parties. The Government will not agree ahead of time as to which items of cost will be included.

Also, refer to FAR Clause 52.237-8 (Restriction on Severance Payments to Foreign Nationals).

45. RFP 66/H-0018 (g) Uniforms a) The RFP specifies that the contractor “shall provide the deployable personnel with identifiable uniforms.” Please specify what these uniform standards are for both adherence to standards and to ensure personnel are not going to unduly expose themselves as working ICW the US Government?

b) Will the CO view and approve proposed uniforms in advance?

a) Unless otherwise directed, companies need to follow the standards established by Colombian labor law related to PPE. INL Bogota does not mandate the use of deployable uniforms. The clause will be revised accordingly.

b) Not required.

46. RFP 67/h-0018 (o) 72/H-026

Inoculations Can the contractor request compensation for inoculations for personnel deploying to other areas that may have specific inoculations requirements?

Yes. If Government-directed travel requires inoculations for the identified place of performance, the costs of said inoculations may be proposed as an ODC at the task order level.

47. RFP H-019 pg. 68 Recruitment and Housing plans As the dollar value of this contract exceed $25k and several positions may be filled by TCNs, please advise if a Housing plan and Recruitment plan are required. If so, what format and page limitations apply?

Per item B-003(d), “The negotiated fixed fully loaded hourly labor rates are based on performance by Local National employees only.”

If TCNs are required by the Government, such rates will be negotiated at the task order level and submission of recruitment / housing plans will occur prior to issuance of a task order.

48. RFP, Section H-109, L-010(f)

Page 68, H-019;

Page 133, L-010(f)

Section H-019 outlines the requirements for a Recruitment Plan for contracts exceeding $250,000 where performance will require the recruitment of nonprofessional third country nationals.

Section L-101 outlines the requirement for a Staffing and Compensation Plan, with a seven

(7) page limit.

Is a separate Recruitment Plan in response to Section H-019 of the RFP required? If so, can it be provided as a separate Attachment to Volume VI – Technical and not go against the page count limitation of 7 pages?

Refer to response to question 47.

49. H-20 p. 70 para. 2 Language testing shall be accomplished through the U.S. Embassy Bogota Human Resources Office (HRO) approved provider or through other providers approved in writing by the COR.

The current HRO-approved language testing provider is Avanti Language School. All testing fees shall be paid by the Contractor.

As this is a USG directed vendor for testing language proficiency, is this a reimbursable cost under ODC?

No. If required, these costs should be included in the price for PMO services.

As a point of reference, the US Embassy requires each candidate to pay for their own test when being considered for local direct-hire Embassy positions.

50. RFP, Section H-020 Page 70, H-202 Section H-020 states “The Contractor shall provide proof of language certification.”

Is this certification required with an Offeror’s proposal? If so, should it be included within Subfactor A – Key Personnel and, thereby, not included within page count limitations?

Yes.

51. RFP 70-H-020 Language Proficiency a) As the COR directs the language testing providers, there is a current provider, will the government please provide the current rates for language testing for accuracy in pricing?

b) Is it valid to assume all contractors will have to undergo some variation of a language test to validate the required language proficiencies?

a) The Government does not have those rates. If interested, Offerors may contact the commercial provider directly.

b) Per Item H-020: “Contractor employees shall meet the language requirements identified in Attachment 2.

When a particular language is identified as a requirement for a position, both verbal and written fluency is required. The Contractor shall provide proof of language certification. Language proficiency certifications will generally follow the criteria established in 3 FAH-2 H-400.”

52. H-26 p. 72 para. 2 Contractor staff traveling overseas under this contract shall have medical and medevac insurance in effect prior to departure.

Can USG verify that medevac insurance is cost reimbursable under ODC?

Yes, if overseas travel is Government-directed.

53. RFP 72/H-026 Medical and Medevac Insurance RFP states that contractor staff traveling overseas under this contract shall have medical and medevac insurance in effect prior to departure. This requirement is clear for US and TCN personnel deploying to Colombia. However, if Colombian personnel are tasked to travel in a temporary or extended duty location somewhere outside of Colombia, will the government compensate this cost as a travel expense as the contractor cannot anticipate which positions will require travel or for how long?

Refer to response to question 52.

54. RFP 78/ H-033 Environmental Waste Report Please confirm this monthly report is based on waste generated by the contractor while performing contractual duties and not a report that of the supported Colombian entities.

Correct.

55. RFP, H-036 Operation of Government Vehicles

How many vehicles to be used by contractor are currently GFE to be turned over to contractor during phase-in? Who is responsible for maintenance on these vehicles and at which facility? Is this vehicle maintenance support included in this SOW?

The USG vehicles are not turned over to the Contractor as GFP. The USG retains control of the vehicles and remains responsible for maintenance, but Contractor personnel (outside of PMO) may request authorization to utilize the vehicles for program purposes if identified as incidental drivers and are in compliance with revised section H-036.

Section H-036 will be revised to incorporate latest policies from US Embassy:

IV. Motor Vehicle Operator Requirements In accordance with the MVSMP, every operator of a GOV, whether full-time or incidental, shall meet the minimum age (25), experience (2 years professional experience for chauffeurs, 5 years as a licensed driver for all others) and licensing requirements of the host country. The owner/operator must complete driver safety training initially upon assignment in Mission Colombia, with refresher or additional training at least every 2 years thereafter. The only two approved trainings by the office of Safety, Health and Environmental Management (SHEM) are Smith System® and the National Safety Council programs.

Safe driver training: In accordance with the MVSMP, regardless of any prior training received, ALL operators of GOVs in Mission Colombia must attend a safe driver training program in country and refresher training every two years or within 90 days of a preventable mishap, whichever comes first. The training program applies to anyone operating a POV for official business as Colombia is considered an “elevated risk” country. GSO Motor Pool provides safe driver courses with certified Smith System® trained instructors that meet this requirement. Additionally, all drivers of armored vehicles (AV) will need to receive AV-specific training, which can often be scheduled for the same day.

All drivers must meet medical screening requirements prior to taking Smith System® training as established by 14 FAM

433.4 c (4) and M/MED/EX.

56. RFP H-036 P 80 OPERATION OF GOVERNMENT

VEHICLES

Contractor personnel may be required to operate government motor vehicles as a part of their duties under this contract and individual task orders. Personnel should not operate a government vehicle unless they have a valid Colombian operator’s license, proper medical clearance, and the US Government Smith Drivers’ Training certificate.

a) Will the government sponsor contracted personnel to take the Smith Driver Training course on Government facility?

b) If contracting company has to use commercial courses, is the Smith Driver Training Course fee allowable / reimbursable?

a) Yes

b) Yes

57. RFP 80/H-036 Operation of Government Vehicles a) Will the Government specify in each call order when a contractor may be required to operate a government vehicle?

b) If this is a TO requirement will the government compensate the contractor for licensure, medical clearance and the time and associated costs for securing the US Government Smith Drivers’ training certificate?

a) Yes. It will be identified in the position description.

b) Only for those requirements that are USG-specific.

For example, the Government will not reimburse the contractor for an employee to obtain a Colombian driver license.

58. RFP; Section H – Special Contract Requirements

Page 80; H-037

FOREIGN INCOME

TAXES

“Reimbursement of foreign income taxes on employees' salaries and wages are unallowable costs under this contract.”

Based on agreements between Colombia and the United States, are there any agreed exemptions or benefits that will be available to US contractors (and/or their US employees) who will be serving within Colombia on this joint project? If yes, to enable bidders’ evaluation of the impact, please provide the Agreement, a summary, or extract of the Agreement which details any such exemptions and/or benefits.

Prospective offerors should consult with legal counsel / accounting firm if unsure what flexibilities are available for its employees.

59. RFP 93/ 652.237.72

127/ L (c) v

Observance of Legal Holidays and Administrative Leave

In the interest of fairness can the government specify the number of Colombian holidays that will be observed so that all offerors can price based on the same planning factor.

This will be done with the understanding that this number will fluctuate after award. Please confirm the government has factored the variation in Colombian holidays with the instructions in the 288 hours paid time off identified in Section L paragraph C sub paragraph v.

The number of approved holidays varies as stated in the RFP. Contractors must propose accordingly. The Government will not adjust negotiated labor rates post-award if the total number of holidays is within the stated range.

In terms of the 288 hours, the same RFP section states:

“The foregoing productive hours are used for evaluation purposes only.”

60. RFP, L-006 Page 120 The Department does not plan to hold a pre-proposal conference for prospective offerors. If, after a review of questions submitted by offerors, the Department believes a pre-proposal conference is necessary, one will be scheduled, and prospective offerors will be notified.

Based on questions regarding facilities maintenance and upkeep, vehicles, aircraft, potential expansion of facilities to meet INL future mission, we respectfully request a pre-proposal site visit be scheduled to view facilities and GFE, along with an extension to allow for this site visit.

A site visit will not be conducted.

61. L-010 Proposal Preparation Instructions -Volume Specific, (b) Volume II – Business (2) Tab 2 – Joint Venture Partners and Subcontractors

Page 125, Paragraph

Letters of Commitment for Major Subcontractor(s). For each major subcontractor, include a letter, on subcontractor letterhead, and signed by an authorized representative of the subcontractor, which specifically indicates the subcontractor’s agreement to be included in the offeror’s proposed team. For the purposes of this solicitation, a major subcontractor is defined as any subcontractor that will likely perform more than 25% of the overall proposed price in Attachment 9.

Is there a sample for a Letters of Commitment?

62. L-010 Proposal Preparation Instructions -Volume Specific, (b) Volume II – Business (5) Tab 5 – Cognizant Federal Agency Official

(CFAO)

Page 125, Paragraph

(5) Tab 5 – Cognizant Federal Agency Official

(CFAO)

Submit the name and full contact information of the Offeror's cognizant Federal agency official (CFAO). The CFAO works in the Offeror’s cognizant federal agency, which is normally the agency with which the Offeror has the largest dollars in negotiated contracts, including option periods. Refer to FAR 42.003.

Please clarify or better define what a CFAO is? As contractors to Federal Agencies, we do not have any CFAOs as defined in the Solicitation.

Refer to definition of “Cognizant Federal Agency” in FAR 2.101 and FAR 42.003. Request assistance from your Cognizant Federal Agency to identify the CFAO.

63. L-010 Proposal Preparation Instructions -Volume Specific, (b) Volume II – Business (6) Tab 6 – Other Requirements

Page 126, Paragraph 1- 4

(6) Tab 6 – Other Requirements The offeror must demonstrate its ability to perform this contract. Provide evidence that the offeror operates an established business with a permanent address and telephone listing and evidence that the offeror can provide the necessary personnel, equipment, and financial resources needed to perform this contract. The offeror must address the general standards of responsibility found in FAR 9.104-1.

Provide a current statement of financial condition for the last two (2) years, certified by an independent third party, which includes copies of:

Income (profit-loss) Statement;

Balance Sheet that shows the assets owned and the claims against those assets, or what a firm owns and what it owes;

Cash Flow Statement that shows the firm’s sources and uses of cash during the most recent accounting period. This will help the Government assess a firm’s ability to pay its obligations.

With their being two companies that are part of the JV, do they require financials from each company?

The information requested in this tab is to ensure the Offeror has the financial resources necessary to perform the contract.

We cannot respond to this question without understanding how the JV is set-up and the role of each partner will have.

64. L-010 Proposal Preparation Instructions -Volume Specific, (b) Volume II – Business (6) Tab 6 – Other Requirements

Page 126, Paragraph 1- 4

6) Tab 6 – Other Requirements The offeror must demonstrate its ability to perform this contract. Provide evidence that the offeror operates an established business with a permanent address and telephone listing and evidence that the offeror can provide the necessary personnel, equipment, and financial resources needed to perform this contract. The offeror must address the general standards of responsibility found in FAR 9.104-1.

Provide a current statement of financial condition for the last two (2) years, certified by an independent third party, which includes copies of:

Income (profit-loss) Statement;

Balance Sheet that shows the assets owned and the claims against those assets, or what a firm owns and what it owes;

Cash Flow Statement that shows the firm’s sources and uses of cash during the most recent accounting period. This will help the Government assess a firm’s ability to pay its obligations.

If a company has not been required to get 3rd party financial audit, will the most recent Income Statement and Balance sheet for 2022 AND 2019-2021 final income statement and balance sheet suffice?

Award of a contract of this magnitude and complexity requires financial statements that have been certified by an independent third party.

65. L-010 (7) P 126 PROPOSAL PREPARATION INSTRUCTIONS

– VOLUME SPECIFIC (7) Tab 7 – Joint Venture If proposing as a joint venture, submit proof of SBA approval of the joint venture.

As the SBA does not approve joint ventures used for competitive solicitation and does not provide any certificate. 8(a) companies are required to provide the information below so that we can update the joint venture information as 8(a) in SAM.

Please remove this requirement from the

RFP.

Correct, SBA does not approve 8(a) JVs for competitive 8(a) procurements, but does determine eligibility. RFP will be revised.

66. L-010 PROPOSAL

PREPARATION

INSTRUCTIONS –

VOLUME SPECIFIC

Page 126 (c) VOLUME III - PRICE PROPOSAL Presolicitation files contained monthly salaries per position. Will offerors need to use these salaries for pricing with purposes of maintaining quality and minimizing disruption to INL/Bogota Programs?

The rates are for informational purposes only.

However, refer to FAR clause 52.222-46 and the Staffing and Compensation Plan evaluation factor.

67. RFP, Section L Pg. 126 of 142, Para

(c) VOLUME III -

PRICE PROPOSAL

Phase In – 90 Days The Government has asked for a phase-in plan from the date of the award. If the period of performance and date of award are different how should the phase-in period be priced?

Attachment 9 will be revised.

68. RFP, L.010(d) Page 129, L-010(d) Tab A Subfactor A requires the submission of an Offeror’s current and valid Colombian business licenses.

With respect to the mandatory requirement for current and valid Colombian Business Licenses, we request that the Government expand this requirement to accept current and valid Colombian Business Licenses from major subcontractors in support of their 8a prime contractors and allow the awarded prime 8(a) contractors to acquire licenses before the end of the transition. A review of active US contracts with a place of performance in Colombia resulted in the identification of only three 8a prime contractors. Out of the three 8a prime contractors identified, only the long-standing incumbent contractor possesses the past performance, understanding, and technical personnel required for this contract recompete.

Limiting the mandatory valid and current Colombian Business License requirement to only prime 8a contractors or 8a joint ventures at the time of proposal submission unnecessarily chokes off competition. It prevents 8(a) firms that are experienced in administrative service delivery but that prudently did not spend unnecessarily on administrative and legal fees to acquire certifications prior to acquiring contractual work from participating in the competition.

However, if the Government were to allow 8(a) offerors to acquire the necessary certifications after award (provided they had a licensed major subcontractor), the competition would be more robust, and the most technically qualified and best valued offeror would be selected. In this way all Colombian civil requirements are lawfully met, and INL service delivery requirements are guaranteed. Moreover, since the intent of the 8(a) program is to foster the growth and development of socially and economically disadvantaged individuals, it seems counter to the objective of the program to penalize firms that were prudent in their corporate indirect spending.

In accepting the valid and current business licenses of major subcontractors in support of their 8a prime contractors, the Government would not only provide support to the spirit of the 8a program, but it will also increase the number of competitive bids received for this solicitation thereby ensuring an adequate and compliant procurement competition.

We ask the government to consider allowing the Prime to use a major subcontractor's valid Colombia business license during the transition period and for the Prime to meet the business license requirement before the end of the transition.

Recommend the government add a requirement for the Prime to include steps for completion of the business license in the required timeframe and include correspondence with a Colombia Law Firm to demonstrate an understanding of the cost, steps, and timeline.

In the interest of competition, the Government will remove this minimum requirement and will evaluate the proposed phase-in plan as a separate evaluation factor.

The Government will consider a proposal demonstrating an active license from the offeror or joint venture partner to be more beneficial and lower risk to the Government than a proposal describing a plan to obtain the required license during the phase-in period.

69. RFP L-010(d), pg. 129 Tab A Subfactor A – Columbian Business License

Please confirm that only one (1) member of a Joint Venture is required to have a Columbian Business License.

Initially yes, but the entity awarded the contract will need to obtain a business license prior to the end of the transition period.

70. L-010 129; (d) (2) i. “Provide a list of staffing contracts performed in Latin America by the Offeror as a prime meeting the following requirements:

o Experience must not be older than five (5) years; o Staffing contract under which at least 30 FTEs per year were provided; and o Staffing contract under which at least ten (10) different labor categories were provided.”

The RFPs for the 2011 and the 2015 requirement for the same INL PASS work in Bogota did not require past performance that included contracts in Latin America featuring 30 or more FTEs in at least 10 labor categories and a $40 million total contract value in order to meet qualification and past performance relevancy requirements.