QUESTIONS ANSWERS PATACV DATE-8-04-2023.xlsx
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- Attached to
- Public Assistance Technical Assistance Contracts V (PA TAC V) Federal contract opportunity
- Solicitation number
- 70FB8023R00000011
- Issued by
- Federal Emergency Management Agency
About this file
This document outlines requirements for the Public Assistance Technical Assistance Contracts V (PA TAC V) solicitation issued by the Federal Emergency Management Agency. The solicitation seeks advisory and assistance services to support FEMA's Public Assistance program through four Indefinite Delivery/Indefinite Quantity contracts for four geographic zones. Key details include that the contracts will provide professional and non-professional staffing support across PA program phases, with labor categories including Program Delivery Managers, Site Inspectors, and Technical Specialists. The period of performance for the base year is estimated at 10 months, with four 12-month option periods. Pricing will be on a time-and-materials basis with fixed hourly rates. Subcontracting goals and treatment of local firms are addressed.
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Sheet1
| Questions | Reference | Vendor Comments | Government Response | Government Reference | |
| 1 | The Sub-factor list (Sub-factor 1 – Management Plan / Sub-factor 2 – Training Plan / Sub-factor 3 – Key Personnel) on page 102 do not correspond to page 104. Is Sub-factor 2 - Key Personnel on page 104 to be Sub-factor 3, or is there a missing sub-factor? | Document Page 102 and 104: Factor 2 - Management Approach: Sub-factors | Solicitation Section L.12 Submission Phase II - Volume I, Subfactor Key Personnel changed to read as Subfactor 3 - Key Personnel. | Solicitation, Subfactor 3 - Key Personnel | |
| 2 | Will FEMA HQ allow a combination of Prime/Subcontractor past performance/reference if past performance work aligns with the PA TAC V requirements? | Document Page 106 Factor 4 – Past Performance: The three (3) past performance contracts will be considered when offeror performed as the Prime contractor | The three (3) past performance contracts shall be considered when offeror performed as the Prime contractor. | Solicitation, Factor 4 - Past Performance | |
| 3 | Please confirm if Factor 4 - Price Submission is to be Factor 5 - Price Submission | Document Page 106 Factor 4 - Price Submission | Solicitation Section L.13 Price Submission is changed to read as Factor 5 - Price Submission. | Solicitation, Factor 5 Price Submission | |
| 4 | Ratings are limited to High, Some, or Low Confidence. Will FEMA consider expanding and changing the rating degrees to Outstanding, Good, Acceptable, Marginal, and Unacceptable in order to better differentiate technical approaches in making a best value decision? | Solicitation page 109, Table Rating for Management and Technical Evaluation Factors | As written, FEMA has limited ratings to three grades. The ratings of High, Some, or Low are analogous to an academic rating of B, C, or D. Our recommendation is to use the ratings of Outstanding, Good, Acceptable, Marginal, and Unacceptable, similar to an A, B, C, D, or F grading. This provides the evaluators the ability to better evaluate and assign a more defined grade to proposals. Expanded grading also provides FEMA the ability to make a more comprehensive evaluation to offeror's technical approach and thus the ability to make better best value trade off decisions. | No, the government will not change the rating. In accordance with FAR 15.305 (a) Proposal evaluation is an assessment of the proposal and the offeror’s ability to perform the prospective contract successfully. An agency shall evaluate competitive proposals and then assess their relative qualities solely on the factors and subfactors specified in the solicitation. Evaluations may be conducted using any rating method or combination of methods, including color or adjectival ratings, numerical weights, and ordinal rankings. | Solicitation, Table A Rating for Management and Technical Evaluation Factors. |
| 5 | Is the use of local firms defined as local to the zone, or local to the disaster(s) listed on the task order? | Solicitation page 18, Performance Objective 1.4.3 Equity and the Use of Local Firms | This contract requires the Contractor to have personnel rostered, badged, trained, and ready to support this mission at a moments notice. Task order proposals, to include resumes of individuals supporting the task order, are typically turned in one week. Therefore, Just-In-Time hiring of local firms once a task order is issued isn't feasible. | According to Stafford Act SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS. (a) CONTRACTS OR AGREEMENTS WITH PRIVATE ENTITIES.— (1) IN GENERAL.—In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency. The use of local firms will be determined at the task order level. | N/A |
| 6 | Is FEMA eliminating small business subcontract goals? | Solicitation page 18, Performance Objective 1.4.3 Equity and the Use of Local Firms | FEMA is not eliminating small business subcontract goals from the PA TAC V contracts. Reference Solicitation FAR clause 52.219-9 and specifically (c)(1). Small Business Procurement - FY2023 Small Business Goals for Department of Homeland Security is located at Section H.3 of the solicitation. | Solicitation, Section H.3. | |
| 7 | Does an organizational conflict of interest exist if an awarded contractor is also performing work as a PA consultant at the state or local level within the same zone and/or for the same declared disaster(s)? | Solicitation page 23, Base Contract Information 1.6.12 Organizational Conflict of Interest | The Government applies procedures at FAR Subpart 9.5 for Organizational and Consultant Conflicts of Interest or Potential Conflicts of Interest. FAR Subpart 9.502(a)(b) and (c) provides a description of examples that may constitute an OCI or CCI. Offerors are required to complete Section I.16 clause HSAR 3052.209-72 OCI. | Reference Solicitation 3052.209-72, Section 1.6.12, Section L.14 Submission Phase II - Volume III Organizational Conflict of Interest Mitigation Plan, and Section M.3 Organizational Conflict of Interest Mitigation Plan. | |
| 8 | Given that a contractor can only win one zone, if multiple proposals are submitted (i.e. one per zone), can Key Personnel be the same for each proposal? | Solicitation page 25, Startup Tasks 2.1 - Key Personnel | Allow Key Personnel to remain the same regardless of number of zone proposals submitted as only one award can be granted to any single contractor. | No, Key Personnel must be different for each zone proposal. Note: Offeror may submit one (1) proposal for each zone; and each zone proposal shall demonstrate capabilities relative to the proposed zone. | Solicitation, Section L.9. |
| 9 | The solicitation does not include FAR clause 52.219-8 Utilization of Small Business Concerns. Will the customer be issuing a revision to include this clause since FAR 52.219-9 Small Business Subcontracting Plan is required? | Solicitation page 66-68 Contract Clauses | FAR clause 52.219-8 has been added to the solicitation. | Solicitation Section I. | |
| 10 | FEMA states "The Government will establish four (4) geographic zones and seeks to award on a competitive basis one Indefinite Delivery/Indefinite Quantity (IDIQ) contract for each respective zone". Will a single prime have the opportunity to be awarded more than one zone? | Solicitation page 15, introduction paragraph | No, per the solicitation, "A successful offeror will be awarded one IDIQ contract which means there will be four (4) different IDIQ Contract Holders." | Solicitation, Section L.9. | |
| 11 | FEMA states that "To account for attrition and unavailability of personnel, the Government will allow contractor to exceed the minimum roster quantity by no more than 40% for a given year". Imposing a strict limit on rostered individuals inhibits the contractor from fully hiring and maintaining an above average TAC pool. Will FEMA increase this to at least 100% of minimum? | Solicitation page 26, section 2.1.1 Labor Categories | No, the government will not change their stance on 40%. | Solicitation, Section C. | |
| 12 | If "The Government will not pay for FEMA-issued background checks in excess of the established ceiling.", how will FEMA enforce this rule? | Solicitation page 26, section 2.1.1 Labor Categories | Updated document to read: "The government will not process FEMA-issued background checks in excess of the established ceiling. " | Solicitation, Section C. | |
| 13 | For increases to allowed TAC roster thresholds, FEMA states that any changes ".. will be included at the time of the TOPR.". The badging process can take 1-16 weeks. Will FEMA waive the TOPR requirements to have all TAC have an EOD at the time of submission should the contractor need submit additional staff through security? | Solicitation page 26, section 2.1.1 Labor Categories | The security requirements will be dictated at the time of the TOPR. | Solicitation, Section C. | |
| 14 | The TOM is an integral part of each task order bridging the lines communication between all stakeholders, measuring quality/performance and ensuring that the overall management and execution are done to the highest degree possible. Will FEMA consider including TOMs under CLIN002 as they are integral to the operational performance to each TO? | Solicitation page 29, section 3.1, par. 5 | Recommend modifying all language to suggest that the TOM is allowed to bill under CLIN 0002. | No, the TOM is a part of the contractor's management team therefore should be billed as PMO staff. | Solicitation, Section C. |
| 15 | Every TO has administrative functions on it. Will FEMA consider assigning every TO a TAC-C at reduced hours to ensure these functions are able to be fulfilled? | Solicitation page 30, section 3.1, 2nd full paragraph | Modify this sentence "FEMA will consider the use of a TAC Coordinator position to perform administrative Task Order duties." to read "FEMA will utilize a TAC Coordinator position to perform administrative Task Order duties on every TO, hours/requirements will be set at the time of the TOPR issuance." | The government maintains their stance on the TAC Coordinator hours. | Solicitation, Section C. |
| 16 | Is there a limitation to the PA program phases in which a contractor can support? | Solicitation page 15, introduction paragraph | Introduction paragraph states that "FEMA is seeking the procurement of Advisory and Assistance Services Contracts for professional and non-professional services." Currently FEMA has only 6% FEMA PA Cadre availability, and 10 states with open Joint PDA requests for 12 events, that encompasses 92 impacted counties with only four counties complete. If FEMA were to engage TAC to support the Joint PDA efforts, the federal government could enhance their responsiveness to states and communities in need. Recommend lifting self imposed restrictions of not utilizing TAC in order to further FEMA's mission. | PDAs are conducted to support a request for a disaster declaration. The contract will not support assisting the government with conducting these pre-disaster activities. | Solicitation, Section C. |
| 17 | Base Period is an unspecified length of time while Attachment A Pricing Schedule lists Base Year as an estimated 10 months. Will the Period of Performance be updated to show an estimated 10 month Base Year, Using 1 Dec 2023 as the start date? | Solicitation, Page 13, Sec B.5. Contract Period of Performance & Page 18 Sec 1.5 Period of Performance | Verify the anticipated date of award and period of performances for the PA-TAC V contract. | The base period of performance remains the estimated 10 months on the Pricing Schedule. The solicitation and sections of the pricing schedule remains date of award to 30 Sep 2024 for the base period of performance. | |
| 18 | This section provides FEMA the flexibility to increase the ceiling level for a Zone Contractor, if necessary. Further it states that "...the total amount of services ordered…shall not exceed the total capacity of all Contractors…". |
Would the increase of one Zone Contractor's ceiling limit result in a potential reduction of ceiling limits for the other three Zone Contractors?
Please clarify intent when stating that the "maximum quantity of services and/or materials ordered under this contract shall not exceed the total capacity of all contractors under forthcoming contracts." Should the Government incrementally increase the ceiling of this contract for one or more zones, does that negatively Impact total capacity for remaining contracts? How will this methodology be applied? Solicitation, Page 13, Sec B.6. Ceiling Value
| Question 1) No. Question 2) FEMA may increase the ceiling of each IDIQ contract, independent of the other IDIQs for other zones, to the level needed and also supportable by the contractor (within their capacity). | Solicitation, Section B.6. | ||||
| 19 | The PWS identifies 'Table 1 - PA Documents & Resources' as guidance documents that are required to be adhered to and included in a Contractor's Quality standards and QASP. These document and resources are critical to the complete understanding of the Scope of this procurement. Will the government provide all documents and resources identified in Table 1 to enable the Offerors to fully understand the operational and quality control requirements to implement the scope of this contract? | Solicitation, Page 17, Section 1.4.2 - Quality Standards | All resources identified in this RFP are necessary to fully understand the Scope of services required. Can FEMA provide all identified resources and documents referred to in the RFP timely so any/all information can be incorporated into the Offerors' proposals? | The documents identified in Table 1 will be made available. | Reference Q&A Attachment H. |
| 20 | This section referring to non-personal services is different from all previous PA TAC contracts. In essence, the clause as written states that the Contractor TOM (or designated Lead) will provide direction to Contractor personnel. But it also states that Contractor TOMs/designated Leads shall take instruction from the FEMA COR or TM. Will the Government please verify that any statements about FEMA direct supervision of Contractor employees are within the context and restriction of FAR 37.104? | Solicitation, Page 18 - Section 1.6.1 Non-Personal Services | In all previous FEMA PA TAC contracts, these prohibitions on non-personal services were within the context of FAR 37.104 Personal Services Contracts, which provided specific parameters and boundaries on the supervision of Contractor personnel. FAR 37.104 governs issues such as supervision of Contractor employees, utilizing Contractor employees for personal services, and using Contractor employees to perform inherently governmental functions. However, FAR 37.104 is not referenced throughout this RFP, as written. | Updated solicitation to include language, the PA-TAC V is a non-personal services contract. The Government will not be engaged in continuous supervision and control of contractor personnel while administering this contract." | Solicitation, Sections C, and H.4. |
| 21 | Under the 'Management Plan' sub-section, the RFP states, "The Contractor shall be prepared to surge up to 50% of their PDMG, Site Inspectors and Technical Specialist Labor Category staff (field Staff)." |
In the first paragraph of Sec 2.1.1 it states that the Government will allow the Contractors to exceed the minimum roster quantities by no more than 40% in a given year.
Under Section 2.1.1 of this RFP it states that "Requests and use of these labor categories will be determined at the task order level. Individually, they shall not exceed 20% (or as specified at the task order level) of the requested labor category total.
These requirements seems to be at odds with each other; will FEMA please clarify? Solicitation, Page 18 - Section 1.6.2 Deliverables Under Base Contract The cited sections of the RFP seem to indicate that different levels of staff may be requested under this procurement, but it is not clear what the distinction is between these scenarios, or when each of these provisions might be enacted.
| Please clarify when, and how, and under what conditions FEMA would request/require the Contractor to exceed each f the three stated labor category restrictions. | The 20% is applicable to the Technical Specialist use of multiple labor categories and not relevant rostering of contractor staff. | Solicitation, Section C. | ||||
| 22 | This section includes a phrase that says, "the COR or TM may verify using backup documentation to determine whether actual hours worked were completed". Is FEMA saying that the COR/TM will verify that all claimed work hours were correctly documented, or does it mean that all claimed work hours were in fact required and necessary to perform the assigned work? Is the COR/TM consulting with the program during this process? | Solicitation, Page 21, Section 1.6.4 Overtime | ||||
| Yes, it is the responsibility of the COR or TM to verify that work was completed based on the billed hours. It is the responsibility of FEMA to ensure that the hours worked were required based on the task assigned. The COR or TM consistently work with the Program to validate the need for contractor support. | Solicitation, Section C. | |||||
| 23 | Under Sub-Section a. - CLIN 0001 Start-Up Tasks - The RFP states, "Both the Startup and Closeout costs will be awarded by a Fixed Price Order." Are we correct in assuming that the FFP CLINs enabled the Contractor leadership to determine how best to utilize those funds, without any restrictions or administrative burdens? | Solicitation, Page 22, Section 1.6.8 - Contract Type | Updated PWS to state "The Contractor shall provide a report stating what tasks were completed to accompany the invoice." | Solicitation, Section C PWS 1.6.8 a. | ||
| 24 | FEMA's stated requirement is that Contractors shall follow the FEMA Travel Policy Manual 122-1-1 rather than FAR 31.205-46. The FEMA Travel Policy Manual was developed for the use of FEMA supervisors/managers in overseeing travel of federal personnel. As such, there are many provisions of FEMA's Travel Policy manual that are not appropriate or aligned with the travel via the Contractors. The Contractors cannot perform many of the supervisory requirements of the FEMA Travel Policy. Will FEMA remove the reference to FEMA's Travel Policy and replace it with FAR language which will enable Contractors to stay in compliance with the requirements of this procurement? | Solicitation, page 22, Section 1.6.10 - Contractor Travel | No, the FEMA Travel Policy will remain as a guidance document in coordination with FAR 31.205-46. However, see revised language in Solicitation, Section C 1.6.10. | Solicitation, Section C. | ||
| 25 | The Contractor is required to provide all property and materials necessary to perform the requirements of the contract, including the laptops and software required by FEMA. Since software applications are constantly changing, can FEMA provide the list of software programs that are necessary to perform the requirements of the base contract? | Solicitation page 24 - Section 1.6.14 - Contractor Furnished Equipment | This is necessary so that Contractors can adequately account for the costs of required software programs and licenses within their proposals. | "If Government-issued laptops are not furnished to the contractor at TOPR, the contractor shall be responsible for all laptop-related costs. The contractor shall be prepared to furnish all laptops with software applications required by FEMA, to include Microsoft Suite and a contractor issued business email address. If there are other software applications required by FEMA, it will be included at the time of TOPR." | Solicitation, Section C 1.6.14 | |
| 26 | This section states," If there are other software applications required by FEMA, it will be included at the time of TOPR." If FEMA identifies additional software requirements at the task order level, what CLIN will be used to bill this additional expense? | Solicitation, Page 24, Section 1.6.14 - Contractor Furnished Equipment | CLIN 0005: Miscellaneous (ODC). | Solicitation, Section C. | ||
| 27 | This section states, " Contractor shall not bill any direct labor hours for invoice-related services." What invoice-related services is FEMA targeting with this requirement? |
For instance, does 'invoice related services' include the TAC-Cs doing the initial reviews of each deployed person's billable hours? Or, verifying their travel expenses? Or, collecting and reviewing the individual WISs?
| Solicitation, Page 24, Section 1.6.15 - Invoicing | What is FEMA's intention with this requirement; what is included and what might not be included in invoice-related services? | The TAC Coordinator duties listed are considered Field support services and not direct invoice related services. Invoice related services, include, but are not limited to, verifying and compiling data/backup documentation; drafting invoice related documents; tracking invoice information; forwarding invoices for approval; making corrections and resubmitting invoices as required; and preparing de-obligation and closeout information. | Solicitation, Section C. | ||
| 28 | Can FEMA provide ALL Standards that Contractor will be held to under this Base Contract, in order for the Offerors to adequately include provision for their performance within the submitted proposals? | Solicitation, Page 24, Section 1.6.16 Standard Operating Procedures | There are no SOPs currently developed specific to this contract. SOPs will be made available to the contractor as situations arise. | No change. | |
| 29 | The last statement in the first paragraph states that the "Contractor shall propose the level of services at the set fee given the tasks listed in Section 1.4.1". |
Under Section 1.6.8 of the solicitation (pg 21-22) FEMA makes clear that the Startup costs will be issued under a Fixed Price Order, that will issued in monthly installments over the course of the first year.
Section 1.4.1 (pg 17) describes the required startup tasks associated with this contract.
What other 'proposed level of services' is FEMA anticipating under this Section 2.1 requirement?
| Solicitation, Page 25, Section 2.1 - Startup Tasks | Please clarify. | The contractor is only responsible for the requirements identified in the solicitation and its attachments. | No change. | |||
| 30 | This states that the "Contractor shall roster the minimum quantity of Labor Categories". Should this be re-stated to say the "Contractor shall roster at least the minimum quantity…"? | |||||
| Solicitation, Page 26, Section 2.1.1 - Labor Categories | Please clarify. | Updated to read "The contractor shall roster at least the minimum quantity…" | Solicitation, Section C. | |||
| 31 | The RFP refers to FEMA's standard that the Government will allow the Contractor to exceed the minimum roster quantity by no more than 40%. This section also states that the Government reserves the right to increase the quantities when necessary, to be included at the time of the TOPR. Does FEMA recognize the readiness risk created by limiting the roster to no more than 40% of the minimum? | Solicitation, page 26, Section 2.1.1 - Labor Categories | In the Task Order Process, FEMA states that "the Contractor will have from the TOPR notification to a Task Order award to train their staff. That is an extremely short timeframe in which to provide training. If at the time of the TOPR FEMA is requesting additional staff that exceeds the roster levels already established, it becomes impossible to identify, qualify, vet, engage, provide security, credit, criminal and credit clearances, onboard and then subsequently train new staff in that same timeframe it becomes an impossible task. Please consider that onboarding staff that exceeds the allowable roster limits is a time consuming activity that takes weeks, perhaps even months, since FEMA is disallowing any staffing beyond the established limits. | Yes, however the government will not change their stance on 40%. | No change. | |
| 32 | The RFP states, "The Government intends to limit task orders only to the contractor assigned to a particular zone." | |||||
| Does FEMA anticipate that there would be any circumstances under which Zone Contractor(s) from other geographic Zones would be assigned to support the work in a different Zone? | Solicitation, Page 29, Section 3.1 Task Order Process | No, there are no circumstances under which another zone would be requested to provide services outside of their awarded zone. | No change. | |||
| 33 | The RFP describes the role and responsibilities of the Contractor TOM, and then asserts that the TOM is billable under CLIN 0003. Section 1.6.8 Contract Type of this RFP describes CLIN 0003 as Task Order Project Management Office (PMO). We believe it is inaccurate to combine the TOM role within the PMO office activities. For virtually all Contractors, the TOM is their lead operational person directing operational activities in the field. This is true regardless of whether they perform these duties on-site or remotely. We believe strongly that the lead operation person on the contract should more rightfully be included under the CLIN 0002 - Task Order Labor Categories. Will FEMA reconsider that Contractor TOMs should be classified and billed under CLIN 0002? | Solicitation, Page 29, Section 3.1 Task Order Process | No, the TOM is a part of the contractor's management team therefore should be billed as PMO staff. | No change. | ||
| 34 | Please confirm that the contractor, working in coordination with FEMA, will have control over the duty location of the TOM. Sentence "Depending on the size and complexity of the assignment, the TOM may be on site or located remotely." suggests that FEMA will dictate the location. The location, frequency of visits, remote support and all decisions pertaining to the implementation of this critical operational leadership position should be determined by the Contractor leadership team. |
Would the Government rewrite this action to make clear that the way and manner a TOM performs their critical duties shall be determined by the Contractor?
| Solicitation page 29, section 3.1, par. 6 | Recommend modifying the sentence to say "Depending on the size and complexity of the assignment, the contractor will decide if the Task Order Manager should be on site or located remotely." | All duty station/location will be determined by FEMA. Update to state "Depending on the size and complexity of the assignment, as determined by FEMA, the Task Order Manager may be on site or | |
| located remotely." | Solicitation, Section C. | ||
| 35 | The RFP states, "FEMA will consider the use of a TAC Coordinator position to perform administrative Task Order duties". The TAC-C position is a critically important position to manage the daily life and weekly reporting requirements of every person assigned to a task order. |
| TAC-Cs are critical to the success of every task order both large an small, including task orders with 1-4 staff members. Will FEMA consider allowing up to 5 TAC-C hours per week for task orders with 1-4 staff? | Solicitation, Page 29, Section 3.1 Task Order Process | The government maintains their stance on the TAC Coordinator hours. | No change. | |||
| 36 | The definition narratives for FEMA's CO, CORs and TMs are virtually identical to the previous PA TAC contracts and task orders. However, the absence of any reference to FAR 37.104 Personal Services Contracts or its stipulations (i.e. no supervision of Contractor personnel, no Contractor performance of personal services, and no Contractor performance of inherently governmental duties) can change the perspective of these stated definitions for FEMA's personnel. Will FEMA reinstate FAR 37.104 Personal Services Contracts? | |||||
| Solicitation, Page 34, Section 4.1 - Definitions | Reference Q&A #20. | Reference Q&A #20. | ||||
| 37 | The acronym 'TDY' is used several times through the RFP documents. Will FEMA add TDY to the list of acronyms? | Solicitation, Page 33, Section 4.2 Acronyms | Added TDY to acronyms. | Solicitation, Section C, Part 4. | ||
| 38 | Should '2 CFR' be included in this list of Applicable Documents since it critical for the Cost Principles, and Audit Requirements For Federal Awards, and central to many of the financial obligations for FEMA Contractors? | Solicitation, Page 36, Section 5.1 - Applicable Documents | Updated Section C, PWS of the solicitation to include 2 CFR Part 200- Uniform Administrative Requirements For Federal Grants. | Solicitation, Section C. | ||
| 39 | This description of the Task Order process seems identical to Section 3 - Task Order Process (page 29). Is there a reason that this narrative is repeated? | Solicitation, Page 64, Section H.2 - Task Order Process | The Task Order Process needs to be included in Section H as well. | No change. | ||
| 40 | This Section states, "This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text". This sentence is included in this section and others throughout the solicitation, but without reference to specific citations. In this instance the FAR and HASR are referenced in whole, rather with specific citations that are especially relevant. |
| Has FEMA identified any applicable FAR clauses that FEMA has not included within the text of the solicitation? | Solicitation, Page 95, Section L.3 - 52.252-1 Solicitation Provisions Incorporated by Reference | Solicitation provisions are incorporated throughout this document per FAR52.252-1; however, FAR provisions that require offeror's completion and submission are in full text. Should an offeror determine a provision is not in full text, the offeror shall request the full text and the contracting officer will make the full text available. Or the offeror may utilized the following electronic addresses: FAR | Acquisition.GOV | |||
| HSAR | Acquisition.GOV | Solicitation Section L.3 52.252-1 Solicitation Provisions Incorporated by Reference. | ||||
| 41 | "The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so." What awards are being referred to in this statement? Is it multiple awards for each Zone? For specific Zones? What criteria would induce FEMA to make such a consideration? | Solicitation, Page 98, Section L.4, (f), Instructions to Offerors- Competitive Acquisition. | For the purpose of this solicitation, the Government intends to award four (4) Indefinite Delivery Indefinite Quantity (IDIQ) contracts to four different (4) qualified offerors who successfully demonstrate Best Value in their proposal consisting of the following evaluation factors: Factors 2 – 5 shall be part of the best value tradeoff process. Factors 2 – 4 are nonprice factors and Factor 5 is the price factor. The nonprice factors when combined are significantly more important than price. Best Value is the expected outcome of an acquisition that, in the government’s estimation, provides the greatest overall benefit in response to this requirement, and within the tradeoff process. Award may be to an other than the lowest priced offeror or to an other than the highest technically rated offeror. | Solicitation Section L.9 Basis for award. | |
| 42 | Questions are due on July 26, 2023 less than five days after the RFP was issued. In the absence of a draft RFP (section L&M, pricing matrix, identity of the four zones...) , are we correct in assuming that offerors will be afforded another round of questions after FEMA answers the first round? | Solicitation, Page 99, Section L.6 Offerors Questions | A draft Performance Work Statement was issued from 02/28/2023 to 03/08/2023. The premise of the Performance Work Statement remains comparable. However, the government has determined it beneficial to request a second round of questions. | Reference Section L.6 for due date of second and final round of questions. | |
| 43 | FEMA defines relevant experience s work “performed as the Prime Contractor or Joint Venture”. Are we correct in assuming that contracts performed under a JV will not be considered when the Prime is not bidding as the exact same Joint Venture? | Solicitation, Page 100, Section L.7 Phase 1, Relevant Experience | The three (3) example contracts shall demonstrate work was performed as the Prime Contractor or Joint Venture. | Solicitation, Section L, Factor 1 Relevant Experience. | |
| 44 | FEMA states that they will only consider “past performance when the offeror performed as the Prime Contractor.” Are we correct in assuming that contracts performed under a JV will not be considered when the Prime is not bidding as the same Joint Venture? For example, Company A and Company B formed a JV called AB-TAC. JV Company AB-TAC is not bidding on PA-TAC V. Are we correct in assuming that neither Company A nor Company B could use past performance from the JV Company AB-TAC? | Solicitation, Page 106, Factor 4- Past Performance |
| Also, on page 109 | For example, Company A and Company B formed a JV called AB-TAC. JV Company AB-TAC is not bidding on PA-TAC V. Are we correct in assuming that neither Company A nor Company B may use past performance from the JV Company AB-TAC? | Reference Solicitation Factor 4 - Past Performance- The three (3) past performance contracts shall be considered when offeror performed as the Prime contractor. | Solicitation, Section L & M Factor 4 Past Performance. | |||
| 45 | Top of page, first paragraph, second to last sentence says "For Zone 3, assume the disaster occurred OCONUS…" Zones for PA TAC V are designated as Atlantic, East, Central and West. Can FEMA please advise which zone is Zone 3? | Solicitation, page 105, Section L.12 Submission Phase II - Volume II - Factor 3, Subfactor 2 - TOPR Activities Scenario | Reference to "Zone 3" should be removed and replaces with "Atlantic and West Zones" | Solicitation, Section L.12, Subfactor 2. | ||
| 46 | LCAT Rates tab lists Option Year 3 twice. Will FEMA correct Column "I" to read be Option Year 4? | Attachment A Pricing Schedule - PA-TAC V 07-06-2023.xlsx | Corrected. | Pricing Schedule. | ||
| 47 | This section states "The contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items as necessary to perform the services as defined in the | |||||
| Performance Work Statement (PWS) at no cost to the government." Could FEMA please confirm this statement is intended to mean at no additional cost to the Government above and beyond the firm fixed rates and that the Government is not trying to exclude ANY cost to the Government? | Page 17, Section 1.4 | Recommend rewording the requirement to say "The contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items as necessary to perform the services as defined in the Performance Work Statement (PWS) within the Contractor's proposed firm fixed rates and at no additional cost to the government, unless the Contract identifies such cost as reimbursable." | Updated to state "The contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items as necessary to perform the services as defined in the Performance Work Statement (PWS) within the Contractor's proposed firm fixed rates and at no additional cost to the government, unless the Contract identifies such cost as reimbursable." | Solicitation, Section C. | ||
| 48 | This section states "The Contractor shall ensure all personnel are licensed, qualified, and trained to provide support under the PA program." However, not all job duties require a license. Could FEMA please confirm the intent of this statement? | Page 17, Section 1.4.2 | Recommend this section be revised to state "The contractor shall ensure, as necessary to fulfill individual assigned job duties, all personnel are licensed, qualified, and trained, as required to provide support under the PA program." | The Contractor shall ensure all personnel are licensed (if applicable), qualified, and trained to provide support under the PA program." | Solicitation, Section C. | |
| 49 | This section uses the phrase "to the maximum extent possible" in two occasions to describe the requirement for Contractor to utilize local firms. The "maximum extent possible" standard is undefined and subjective. Would FEMA consider using "to the extent reasonably practicable?" | Page 18, Section 1.4.3 | Recommend the phrase be replace in each instance with "to the extent reasonably practicable." | Updated to state "to the extent feasible and practicable." | Solicitation, Section C. | |
| 50 | This section uses the term "key personnel," which is an undefined term, in the following sentence: "The Contractor’s key personnel performing work under this contract must also have a Moderate Risk Background Investigation and must maintain the level of security | |||||
| for the life of the contract." Does FEMA intend this sentence to apply to those positions the Contract defines as "Key Personnel"? | Page 19, Section 1.6.2, paragraph 3 | Recommend the sentence by revise to "The Contractor’s Key Personnel performing work under this contract must also have a Moderate Risk Background Investigation and must maintain the level of security | ||||
| for the life of the contract." | Updated to read "Key Personnel" | Solicitation, Section C. | ||||
| 51 | This section includes the following sentence: "All other contractor staff supporting work under this contract must have a Moderate Risk background investigation prior to commencing work." Does FEMA intend this requirement to apply to any and all personnel regardless of how they are supporting Contractor's work under the contract? For instance, does that requirement include Contractor's janitorial or maintenance staff? | Page 19, Section 1.6.2, paragraph 3 | Yes, all contractor personnel who are performing work on this contract, will require a background investigation and submit a completed OF 306. | No change. | ||
| 52 | This section includes the following sentence: "The Contractor shall also be required to provide other reporting needs as identified by FEMA to include ad hoc reports." This is an undefined obligation that Contractors cannot reasonably build into their proposed pricing. How does FEMA, therefore, intend to compensate contractors if additional, currently undefined FEMA reporting requirements (i.e. reports not listed in the solicitation) impact Contractor work efficiency? | Page 20, Section 1.6.3 | Updated Solicitation, Section C PWS/PRS to remove ad hoc language. | Solicitation, Section C and PRS (Attachment 2). | ||
| 53 | The following sentence appears to have a typo "The contractor shall submit a report (15) calendar days at the | |||||
| end of each contract period." Does FEMA mean "The contractor shall submit a report (15) calendar days after the end of each contract period."? | Page 20, Section 1.6.3, paragraph (c) | Updated to read "The contractor shall submit a report (15) calendar days after the end of each contract period." | Solicitation, Section C. | |||
| 54 | This section includes a requirement that "The contractor shall propose a Task Order Project Management Office Rate, not to exceed 3% of CLIN 0002 labor hour costs (based on actual hours worked)." This will be very difficult for Contractors to manage if it is 3% of hours worked per invoice period. How does FEMA intend for the 3% metric to apply? Would it be 3% of the hours at the end of the PoP? | Page 22, Section 1.6.8, paragraph (c) |
| & Page 30, Section 3.1.1 | Recommend FEMA modify CLIN 0003 to be Firm Fixed Price, and that each task order CLIN 0003 value be based on the total Task Order value awarded to the Contractor. | FEMA has modified the language to state "PMO costs will be based on actual hours of CLIN 0002 costs billed at the end of each period of performance to include base, option and extension." | Solicitation, Section C. |
| 55 | This section states "(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 58 months." 58 months seems to potentially conflict with: (1) the PoP as defined elsewhere (i.e. base period plus 4 x 12 month options); and (2) section I.11 which states FEMA can extend service up to 6 months. |
| Could FEMA please confirm its intended contract award date? Could the base period potentially be less than 12 months? | Solicitation, Page 74, Section I.12, paragraph (c) | Recommend defining the base period as the intended period of months (i.e.,12 months or 10 months) from the date of award instead of starting on an undefined date and ending on a date specific. Also recommend defining whether the potential 6 month extension would add on to the PoP (i.e. 58 months plus 6 months = 64 months). | The base period of performance remains the estimated 10 months on the Pricing Schedule. The solicitation and sections of the pricing schedule remains date of award to 30 Sep 2024 for the base period of performance. | No change. | ||
| 56 | This section includes the sentence "The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all Contractor personnel." Does FEMA intend "all Contractor personnel" to mean "all Contractor personnel who require a background investigation."? | Attachment 3, Page 2, Background Investigation Process section | Reference answer #51. | No change. | ||
| 57 | The legend of "Graphical Coverage by FEMA Region states (Blue) - Regions 7,9, and 10." Are we correct in assuming the "8" belongs in Central? | Solicitation, Page 15, PT_TAC V Zone Chart. | Updated zone information. | Solicitation, Section C. | ||
| 58 | Will key personnel be provided costs for transportation, lodging, meals and incidentals when traveling to the TO site on official company business in support of the contract for the purpose of Internal Task Order Kick Offs and other task order business? | Solicitation, Page 22, Para 1.6.10 Contractor Travel. | No, the government will not reimburse for key personnel to travel to disasters unless stipulated in the TOPR and/or SOW. | No change. | ||
| 59 | Will FEMA consider a negotiated higher PMO rate for small task orders where the PMO costs exceed the 3%? | Solicitation, Page 22, Item c. CLIN 0003. | No, FEMA will not consider a different PMO rate for smaller task orders. | No change. | ||
| 60 | Second paragraph of this section states "Offerors proposal shall consist of .pdf with 12-point font size (text for tables and figures may be as small as 11 point and landscape orientation), and single-sided." |
| Will the Government consider allowing Arial Narrow 10 pt font on graphics and tables? | Solicitation, Page 100, Section L.7, Proposal Formatting | Allow 10pt Arial Narrow font on graphics and tables. | No, there are no changes to proposal formatting. | Solicitation, Section L.7. | ||
| 61 | FEMA is stating that the contractor's management plan include code of conduct requirements as stated within FEMA Directive: Personnel Standards of Contact (FEMA Directive 123-0-2-1) and DHS Management Directive 0480.1 Ethics/Standards of Conduct (issued March 1, 2003). Will FEMA please provide both of these documents? | Solicitation, Page 24, Section 1.6.17, Code of Conduct | Please provide both documents incorporated by reference in the Solicitation. | The documents identified are included. | Reference Q&A Attachments A & B. | |
| 62 | Inflation Rate on Tab "All Task Orders". What is the Inflation Rate based on? And if left blank will the Government do an equitable adjustment at the end of each year? | Attachment A Pricing Schedule - PA-TAC V 07-06-2023.xlsx | The government utilized the Bureau of Labor Statistics(BOL) and Consumer Price Index (CPI) however it is up to the vendor to formulate their own inflation rate. | No change. | ||
| 63 | FEMA States: "The Government will not reimburse the contractor travel time as direct labor hours." Is a standard travel pay at 8-hours per day defined in the travel regulations meaning that TACs will be paid at 8-hours for travel related to mobilization? If not, how will travel time be accommodated? | Solicitation Page 23, Section 1.6.11, Contractor Travel | The Government will reimburse up to eight (8) hours per day for contractor travel time, to include OCONUS travel. Labor hours for travel will be accounted for under CLIN 0002 and CLIN 0003 at the Task Order Level. The government will not reimburse for non-rotational travel time. | Solicitation, Section C 1.6.10. | ||
| 64 | FEMA lists five very specific actions (items a-e) the contract shall provide as part of the Startup Tasks upon award. Item F, however, is broadly characterized as "Submit all other requirements as listed in the PRS." |
| Will the government clearly state all requisite requirements for the Startup Tasks to ensure full disclosure for all parties? | Solicitation Page 17, Section 1.4.1, Startup Tasks | Recommend a detailed list of all Startup Task requirements rather than a 'catchall phrase' that places full burden on the contractor to decipher the government's intent. | The contractor is only responsible for the requirements identified in the solicitation and its attachments. | No change. | ||
| 65 | Based on the qualifications required of the Engineers and Architects, does FEMA consider this contract to be subject to the Brooks Act? | Attachment 1, Labor Categories Qualifications | This contract is considered an A&AS and not subject to the Brooks Act. | No change. | ||
| 66 | The Summary Tab of Attachment A Pricing Schedule establishes a "Ceiling" for each Zone and that ceiling is calculated on the "All Tasks Orders" Tab. Is it the Governments intention to have bidders use the highest rate across all zones to establish this ceiling? If this is not the intention what rate should bidders use in Column "F" in the "All Task Orders" tab? | Attachment A Pricing Schedule - PA-TAC V 07-06-2023.xlsx | The government has developed each zone ceiling by utilizing historical and current data; however, the government will not instruct offerors on rates to use for not exceeding contract ceiling. | Pricing Schedule. | ||
| 67 | FEMA states that the Contractor shall mobilize staff to support multiple, simultaneous PA task order disasters within a given year. The Government intends to limit task orders only to the contractor assigned to a particular zone but may choose to solicit support from other PA-TAC V zoned contractors to supplement capabilities. Will FEMA allow assigned Zone TAC an option to add required specialties from reserves before soliciting support from other Zone TAC? | Page 64 H.2 Task Order Process | FEMA will not solicit support from other zoned contractors. Should read as: "The Government intends to limit task orders only to the contractor assigned to a particular zone." | Solicitation, Section C, Part 3 and Section H.2. | ||
| 68 | What is the criteria by which FEMA will decided to augment a zone contractor with support from other PA TAC V contractors? | Page 64 H.2 Task Order Process | No, there are no circumstances under which another zone would be requested to provide services outside of their awarded zone. |
Remove: The Government intends to limit task orders only to the contractor assigned to a particular zone but may choose to solicit support from other PA-TAC V zoned contractors to supplement
| capabilities. | Reference Q&A #67. | ||||
| 69 | Will FEMA measure performance risk for offerors whose price is well below the Independent Government Estimate? | Solicitation, Page 110, M.3, Price Evaluation | Reference Section L.7(8) and Section M.3 Factor 5. | No change. | |
| 70 | Clause I.13 is included on Page 74 of the RFP, but is missing from Page 11. Page 11 number goes from I.12 to I.14. Please confirm whether FAR 52.232-7 Payments Under Time and Materials and Labor Hour Contracts (NOV 21) should be inserted on Page 11 as I.13 as referenced on page 74 of the RFP. | I – Contract Clauses | |||
| I.1 Clauses Incorporated by Reference | Duplicate "End of Clause" after I.12 clause | Removed. | Solicitation, Table of Contents. | ||
| 71 | The map indicates that East Zone includes Region 3, 4, and HQ. Will the HQ assignments be assigned to the East Zone Contractor? Or will all IDIQ Contract Holders be able to compete for and perform HQ tasks? | C - Description / Specifications |
C - Description / Specifications
| 1.3 Scope | FEMA Headquarters (HQ) also requires technical assistance for national-level PA mission support tasks, such as training, planning, project management, updating equipment rates, and providing services that involve or relate to analyses, feasibility studies, and strategy options to be used by FEMA personnel. | The HQ requirements are assigned to the East Zone. There will be no competition for any orders issued under the PA TAC V contracts. | No change. |
| 72 | Please provide the documents referenced in Table 1 – PA Documents & Resources, specifically the following: |
- Site Inspection Job Aid, version 2.0
- PA Site Inspector Position Assist, version 2.1
- Site Inspector Crew Leader Position Assist
- PDMG Position Assist
- EHP Advisor Position Assist, version 1.0
- 406 Hazard Mitigation Specialist, version 1.0 C - Description / Specifications
1.4 Performance Objectives
| 1.4.2 Quality Standards | Table 1 – PA Documents & Resources | The documents identified in Table 1 are available. | Reference Q&A Attachments C thru G. |
| 73 | How is the Contractor able to use 'local firms' when the location and magnitude of any given disaster is unknown? Especially given that all | ||
| deployable personnel must be EOD prior to deployment? | C - Description / Specifications | ||
| 1.4.3 Equity and the Use of Local Firms | The Contractor shall also, to the maximum extent possible, utilize local firms. | Updated to state "to the extent feasible and practicable." | Solicitation, Section C. |
| 74 | What training materials does the Government intend to provide to contractors? | ||
| C - Description / Specifications |
1.6 Base Contract Information
1.6.2 Deliverables Under the Base Contract
| d. Training Plan | The Government will provide the training materials to the contractor to train their staff and develop the Training Plan. | The Government will provide the training materials to the contractor to train their staff and develop the Training Plan post contract award. | No change. |
| 75 | Will the Government please provide the training materials with the RFP so contractors can prepare the Training Plan in time for proposal submission? | C - Description / Specifications |
1.6 Base Contract Information
1.6.2 Deliverables Under the Base Contract
| d. Training Plan | The Government will provide the training materials to the contractor to train their staff and develop the Training Plan. | The Government will provide the training materials to the contractor to train their staff and develop the Training Plan post contract award. | No change. |
| 76 | Will the Government provide contractor management and training accounts for Grants Manager? | C - Description / Specifications |
1.6 Base Contract Information
1.6.2 Deliverables Under the Base Contract
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