693JJ320R000006 Q&A 1-31-2020.pdf

Page # Paragraph # Question Response

Page 16 of the solicitation notes that, "the Contractor shall designate a single manager to oversee this contract…" Is it FHWA's intention that the single manager be the Program Manager or the Principal Investigator or can the offeror decide which?

The single manager overseeing the contract should be the Program Manager.

Can the FAR Clauses on page 42 of the solicitation pertaining to educational institutions/institutions of higher education be retained in a prime agreement to be flowed down to subcontractors that are educational institutions/institutions of higher education even if the prime is not?

FAR clauses will be tailored to the type of prime Contractor receiving a contract. It is incumbent upon the prime Contractor to determine what FAR clauses to flowdown to its subcontractors.

Page 63 of the solicitation identifies six key personnel labor categories and indicates that the Offeror shall submit a resume for each proposed Key Personnel. Can offerors also provide resumes for non-key labor categories?

The Offeror may provide more than one (1) resume for each proposed Key Personnel position. The Offeror may submit resumes for non-Key Personnel. The Offeror may submit a maximum of ten (10) resumes for Key Personnel and forty (40) resumes for non-Key Personnel for a total of fifty (50) resumes.

Engineer (Subject Matter Expert (SME) level – Design field) is one category of key personnel on page 63 of the RFP. Can FHWA confirm that “design field” includes all areas of design that could be relevant to the Office of Safety, including, but not limited to, system design, roadway design, traffic design, and research/analysis design?

Yes, this would include all areas of design that could be relevant to the Office of safety.

Will FHWA consider an extension to the proposal deadline of 9:00AM ET, 2/10/2020? No.

What is the anticipated award date?

FHWA anticipates award three to four months after proposal submittal.

Is FHWA going to use the award date + 12 months for “contract year 1” rates? Or should we assume the federal fiscal year start as the start of each new contract year for rates?

The contract award date anniversary will be utilized to determine the new contract year for rates.

Will FHWA consider adding “Graduate Student,” and “Undergraduate Student” labor categories? No.

C.5.1 states that the kick-off meeting shall be a face-to-face meeting.

a. Do all key personnel need to attend in person, or can some or all attend via teleconference/WebEx?

b. If the meeting is in person, will FHWA provide a reimbursement mechanism for attendees’ travel costs?

a. Yes. Per RFP C.5.1, "The Contractor shall attend a face-to-face kick-off meeting ….Contractor Key Personnel shall attend this meeting." b. No.

Are the labor categories “Principal Investigator” and “Program Manager” specific to the IDIQ, as in, Contractors should not use the term “Principal Investigator” when referring to the technical lead for a particular task order unless they are in fact the Principal Investigator assigned on the IDIQ Contract? Yes.

Our indirect rate agreement allows us to budget/recover indirect costs on subcontractors up to the first $25,000. On T&M task orders, will FHWA allow Contractors to propose indirect costs as applicable and bill for those costs, or are Contractors limited to proposing and billing only direct costs?

Per RFP Section G, Paragraph G.8, “For T & M task orders, allowable materials costs including travel expenses shall be reimbursed at cost. Inclusion of indirect burden amounts on materials is not allowable.” Inclusion of indirect costs will not be accepted as an exception.

Is there a list of task order topics FHWA anticipates releasing in the first 12 months of the IDIQ? If so, can that list be shared? No.

Under G.8, Payment, the RFP states that: “Determination of satisfactory completion and acceptance of the work under the task order will be made by the Contracting Officer.” On Fixed Price Milestone Payment schedules, is it acceptable for Contractors to include a clause that states if a response is not received from the government within a set period of time, that the deliverable is considered acceptable to allow the Contractor to submit an invoice for payment? No.

47 & 52

There are 2 different NAICS codes referenced; one in section I and another in Section K.

Which NIACS Code(s) would apply?

Section I: 561990 Section K3: 541990 The NAICS Code for this solicitation is 541990. See Amendment 1.

In Section I FAR flow downs, 52.227-14 / Rights in Data-General is being flowed down but there are five different alternates.

Will all alternatives apply or will each be applicable on a Task Order basis?

FAR 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014), without alternates, will be incorporated into a contract resulting from this solicitation. A request for use of an alternate may be made at the task order level. The task order Contracting Officer is not obligated to honor any request.

The RFP states the following:

“NOTE: For T&M task orders, allowable materials costs including travel expenses shall be reimbursed at cost. Inclusion of indirect burden amounts on materials is not allowable.”

However, nowhere does the RFP disallow burdens or fee on Travel. Would the government please confirm no fees or burdens are allowed on Travel, ODC and Material?

The FHWA confirms that no fees or indirect burdens are allowed on materials costs (which includes travel and ODC's).

Under FAR 52.219-9, there are 15 required elements, and the enclosed document does not appear to include all of them. Please provide guidance?

All pertinent elements of FAR 52.219-9 are included in FHWA Subcontracting Plan 1-31-2020. Reference Amendment 1.

a. The table has a calculation to include item c, which is “the total planned subcontract awards to other than small business concerns”. Please confirm this is an oversight and if the form will be updated or do we have the authorization to correct on our own?

b. The calculation for item c does not include i. women-owned small business. Is this an oversight? As above, will the form be updated and re-issued or do we have the authorization to correct it on our own?

c. Also, under item j, “if establishing a goal lower than 48.5% for SB”. Please verify if the percentage for Small Business of 48.5% is accurate; and if not, what is it? As above, will the form be updated and re-issued or do we have the authorization to correct on our own?

A. Reference Amendment 1. B. Item "C" is "Total planned subcontract awards to other than small business concerns (i.e., large, non-profit, etc.)." Women owned small businesses wouldn't be included since they are a small business. C. The percentage for Small Business of 48.5% is accurate.

Would the government please clarify how the evaluation subfactor “successful relevant experience” differs from “past performances” so that we have a full understanding of their perspective

Successful relevant experience describes work that the proposed team has performed of similar size, scope, and complexity to the work required under this RFP. Past performance is an evaluation of the Offeror's performance record.

The RFP’s SOW Task Area A, sub area #6 Program Evaluations (page 6) is repeated in Task Area B, sub area #3 (page 7). Is this intentional? Yes.

On page 63 of 73 of the RFP, under Part II – Staffing and Management Approach, Part A, it says, “Staffing approach demonstrating that proposed staff has the relevant experience, education and expertise to successfully perform the work required in the RFP.”

- Would the government provide more information about the level of detail they are looking for with respect to “relevant experience, education and expertise” in this section?

- Is the government looking for information only on Key Personnel proposed or information on all Prime and Subcontractor staff that may work on task orders executed under this IDIQ?

Reference Amendment 1. See Attachment J.1 - Labor Categories 1- 30-2020 for all of the required labor categories and their qualifications.

14 F.2 - Period of Performanc e

Section F.2 states that there are no option periods under the contract and the maximum duration is 60 months. FAR 52.217-9 on page 46 states that the Government may exercise an option to extend the contract up to 6 months for a total duration of 66 months. Please clarify.

Per RFP Section F.2, there are no option periods during the 60 month period of performance. FAR 52.217-9 Option to Extend the Term of the Contract, allows the Government to unilaterally extend the term of the contract for up to 6 months as long as the requisite Contractor notification is made.

24 G.16 - Government Liability

Section G.16 requires certain property, vehicle, and liability insurance. Many subcontractors, including individual consultants, small businesses, educational institutions, and nonprofits, may have difficulty complying with these insurance requirements. Will Contractors have discretion over the types and amounts of insurance to require of subcontractors?

The prime Contractor will be required to comply with Section G.16. The Government has no privity of contract with subcontractors.

27 H.6 - Organization al Conflict of Interest and Limitation on Future Contracting

Please clarify whether the Organizational Conflict of Interest and Limitation on Future Contracting clause applies to subcontractors as well. If so, could an exception be granted for certain subcontractors, such as educational institutions and nonprofits?

This clause applies to subcontractors as well.

39 Section I.1 contains a number of FAR clauses that may not be applicable to educational institutions and nonprofit organizations. In some cases, alternate FAR clauses exist that are specifically applicable to educational institutions and nonprofits. For example, many universities may have difficulty complying with the requirements of FAR 52.227-14 (Rights in Data – General).

In many cases, there are alternate FAR clauses applicable to educational institutions (FAR 52.227- 14 Alternate IV, for example). It appears that a few of these alternates have already been included in the IDIQ. Could additional alternate FAR clauses applicable to educational institution, university, and nonprofit subcontractors be added to the IDIQ? Alternatively, could certain FAR clauses that are not applicable to educational institution, university, and nonprofit subcontractors be waived upon request?

If an award is made to an educational or non-profit institution the Contracting Officer may remove or replace clauses as appropriate.

50 1252.242-72 Disseminati on of Contract Information (Oct 1994)

Many university subcontractors may have difficulty complying with the requirements of the Dissemination of Contract Information clause in TAR 1252.242-72. Could languagebe added stating that educational institution subcontractors will be subject to the TAR clause 1252.242-70 Dissemination of Information—Educational Institutions (OCT 1994) in lieu of 1252.242-72?

No. However, a request can be made at the individual task order level. The task order Contracting Officer is not obligated to honor any request.

61 The RFP states, "One Email with each part of the proposal volumes attached as individual files.

Email should not exceed 8 MB."

Please confirm that proposers are to submit 7 emails, with parts as follows:

Volume I Part I;

Volume I Part II;

Volume I Part III;

Volume II, Part I;

Volume II, Part II;

Volume II, Part III, Volume II, Part IV

Please also confirm that the 8 MB limit is per email.

No. Per Section L.3 of the RFP, "One Email with each part of the proposal volumes attached as individual files. Email size should not exceed 8 MB."

61 Volume II - Business and Cost/Price (Parts I-IV)

Please confirm that there is no page limit for the Subcontracting Plan

There is no page limit for the Subcontracting Plan.

63 Key Personnel states that the Offeror shall submit a resume for each proposed Key Personnel.

Please clarify if proposers are to provide only 1 resume per key personnel position (Program Manager, Principal Investigator, Engineer (Subject Matter Expert (SME) level – Design field), Technical Specialist (Senior level – Communications field), Technical Specialist (Senior level – Policy field), Technology Transfer Specialist), or if more than 1 resume per key personnel position may be provided.

Please confirm that proposers may provide resumes for the other labor categories/non-key personnel described in J.1.

Please confirm that proposers may provide more than 1 resume per other labor categories/non-key personnel described in J.1.

The Offeror may provide more than one (1) resume for each proposed Key Personnel position. The Offeror may submit resumes for non-Key Personnel. The Offeror may submit a maximum of ten (10) resumes for Key Personnel and forty (40) resumes for non-Key Personnel for a total of fifty (50) resumes.

64 Item B, (I) Standard Form 33 is to be used as the cover sheet of Volume II. Please confirm that this may be placed after the outside proposal cover, on which we are to include the notice referenced in RFP Section L.6 Procurement Integrity Act Requirements. The Standard Form 33 may be placed after the outside proposal cover where the notice in RFP Section L.6, Procurement Integrity Act is placed.

65 Part III- Other Financial / Organization al Information

Please clarify whether the Standard Form LLL is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

Standard Form LLL is required for the prime Offeror only.

65 Volume II -

Business and Cost/Price (Parts I-IV)

Please clarify whether a Master Subcontracting Plan is required in addition to the Subcontracting Plan in Attachment J.4 If the prime Offeror has a Master Subcontracting Plan, it is required to be submitted in addition to Attachment J.4 - FHWA Subcontracting Plan 1-31-2020.

65 Part III- Other Financial / Organization al Information

Please clarify whether Terminated Contracts is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

Terminated Contracts is required for the prime Offeror only.

65 Part III-

Other Financial / Organization al Information

Offerors are required to list all contracts terminated for convenience by the Government in the past 3 years. Please clarify whether “Government” is limited to the Federal Government.

Contracts terminated for convenience by the Government means the Federal Government.

65 Part III- Other Financial / Organization al Information

Please clarify whether the Representations and Certifications is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

Representations and Certifications are required for only the prime Offeror.

65 Part III- Other Financial / Organization al Information

Please clarify whether the FAR 52.219-28 (Section I) is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

FAR 52.219-28 is applicable to the prime Offeror only.

65 Part III- Other Financial / Organization al Information

Please clarify whether an approach for completing the information technology security plan and accreditation requirements in TAR clause 1252.239-70 is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

The approach for completing the Technology Security Plan and accreditation requirements in TAR 1252.239-70 is applicable to the prime Offeror only.

65 Part III- Other Financial / Organization al Information

Please clarify whether Conflicts of Interest is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

The Conflict of Interest statement is required from the prime Offeror only.

65 Part III- Other Financial / Organization al Information

Please clarify whether the Acceptance of Terms and Conditions is required for the prime/offeror only, or if this information is required for both prime/offeror and subcontractors.

Acceptance of Terms and Conditions is only applicable to the prime Offeror.

2 Are the Engineer categories in Attachment J.2, and described in Attachment J.1, restricted to staff that hold a professional engineer license (P.E.) or can the Engineer categories be more broadly applied to staff that do not have a P.E.? For example, can a subject matter expert that is not a P.E.

qualify for the SME – Engineer labor category?

Per the labor category requirements in Attachment J.1 Labor Categories 1-30-2020, a PE is not a requirement for the Engineer categories.

1 As this procurement is for IDIQ contract with an undefined budget other than a stated maximum amount of $39M, will dollar amounts be required in the Attachment J.4 FHWA Subcontracting Plan or can the Offeror identify just percentage goals? If dollar amounts are required is there a specific contract amount that should be used when developing the Total prime contract amount and Total planned subcontract awards amount in the Plan

Dollar amounts are required in Attachment J.4 FHWA Subcontracting Plan 1-31-2020. Each Offeror will have to determine the cost of the work that they anticipate doing and the cost of work they anticipate subcontracting.

What is the anticipated date for issuing the resulting contract? FHWA anticipates award three to four months after proposal submittal.

Would the government consider removing the master’s degree level requirement from the mid-level engineer? We also respectively request that the master’s level engineering requirement become optional in the Sr. Engineer labor category as well. See Amendment 1 to the solicitation.

ConsolidatedResponses