Additional Contractor Questions and Answers.docx

Additional Contractor Questions & Answers

1. The requirement for delivery reads "Capable of delivering within the required performance period, starting on 27 June 2023" however page 2 of the same document reads "The period of performance (POP) is estimated to be 08/01/2023 – 07/31/2024, with four one-year option periods." Will the government please update the RFQ to reflect the revised delivery date?

Answer: Update has been completed.

2. Cable SOW: This offeror previously submitted a question asking the Government to remove VHA Supplemental Contract Requirement for Ensuring Adequate COVID-19 Safety Protocols for Federal Subcontractors (hereinafter “VHA Supplemental COVID Clause”). In support of our request, we referenced Executive Order 14099 (Moving Beyond COVID–19 Vaccination Requirements for Federal Workers). On 6/5/2023, the Government responded that it would not remove the VHA Supplemental COVID Clause as it “is the minimum requirement as mandated by the VA.”

Will the government please (i) provide the specific policy/regulation that mandates this requirement for the VA, and (ii) explain why the VHA Supplemental COVID Clause is not impacted by Executive Order 14099 and VA Office of Acquisition and Logistics (OAL) guidance. This offeror submits these follow-up questions because the VA's response to our prior request is in direct conflict with the policy set forth in Acquisition Policy Flash! 23-13 - Office of Acquisition and Logistics (OAL) (va.gov), effective May 19, 2023, which is expressly applicable to VA contracting activities. Specifically, this policy states the following:

a) “E.O. titled ‘Moving Beyond COVID-19 Vaccination Requirements for Federal Workers’ effective at 12:01am on May 12, 2023, revokes E.O. 14042”.

b) “The deviation rescinds the VA Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors dated October 1, 2021, and its revision dated December 14, 2021.”

c) “Consistent with the ‘Moving Beyond COVID-19 Vaccination Requirements for Federal Workers’ E.O., any agency policies that have been adopted to implement E.O. 14042 can no longer be enforced and must be rescinded.”

d) “Contracting officers shall no longer include or enforce FAR clause 52.223-99 in any solicitation or contract.”

Based on the foregoing, we again request that the Government remove the VHA Supplemental COVID clause.

Answer: Removed.

3. Internet: This offeror previously submitted a question asking the Government to remove VHA Supplemental Contract Requirement for Ensuring Adequate COVID-19 Safety Protocols for Federal Subcontractors (hereinafter “VHA Supplemental COVID Clause”). In support of our request, we referenced Executive Order 14099 (Moving Beyond COVID–19 Vaccination Requirements for Federal Workers). On 6/5/2023, the Government responded that it would not remove the VHA Supplemental COVID Clause as it “is the minimum requirement as mandated by the VA.”

Will the government please (i) provide the specific policy/regulation that mandates this requirement for the VA, and (ii) explain why the VHA Supplemental COVID Clause is not impacted by Executive Order 14099 and VA Office of Acquisition and Logistics (OAL) guidance. This offeror submits these follow-up questions because the VA's response to our prior request is in direct conflict with the policy set forth in Acquisition Policy Flash! 23-13 - Office of Acquisition and Logistics (OAL) (va.gov), effective May 19, 2023, which is expressly applicable to VA contracting activities. Specifically, this policy states the following:

a) “E.O. titled ‘Moving Beyond COVID-19 Vaccination Requirements for Federal Workers’ effective at 12:01am on May 12, 2023, revokes E.O. 14042”.

b) “The deviation rescinds the VA Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors dated October 1, 2021, and its revision dated December 14, 2021.”

c) “Consistent with the ‘Moving Beyond COVID-19 Vaccination Requirements for Federal Workers’ E.O., any agency policies that have been adopted to implement E.O. 14042 can no longer be enforced and must be rescinded.”

d) “Contracting officers shall no longer include or enforce FAR clause 52.223-99 in any solicitation or contract.”

Based on the foregoing, we again request that the Government remove the VHA Supplemental COVID clause.

Answer: Removed.

4. Answer to question number 2, June 5 states “Yes. Quoters are still eligible for award as partial quotes will be accepted. Quoters can submit a quote for either the internet and/or cable at each location.” To ensure that this offeror correctly interprets your response, this offeror has an additional follow-up question. Does this response indicate that offerors for Cable TV may selectively bid some, but not all locations?

Answer: Correct.