Question_and_Answer_11-5-2019.docx

Question and Answer 1 through 12

Question 1: I am seeking some clarification to the DRAFT RFQ for SAROPS, it is not readily apparent in the package what, if any, access a new vendor would be provided to the current API (interface to transfer files back and forth to SAROPS). Is the API proprietary to the incumbent, or is it a USCG managed API?

Answer 1:

Current API is owned and operated by the vendor Vendors must provide their own operational API as part of their proposal.

USCG requirements for the API including message types with inputs and outputs are included in the TO1 PWS – Appendix C.

Question 2: Will the current API be provided to the new contractor for migration onto their servers and architecture in order to minimize possible downtime rather than creating an all new interface design?

Answer 2:

Current API will not be provided.

Vendors must provide their own operational API as part of their proposal.

USCG requirements for the API including message types with inputs and outputs are included in the TO1 PWS – Appendix C.

Question 3: Regardless, it does not seem to make sense for a new API to be developed when the capability already exists. Will a terminal, or at least the SAROPS software be available to the vendor test on?

Answer 3:

Testing will be completed as part of the Evaluation process.

USCG requirements for the API including message types with inputs and outputs are included in the TO1 PWS – Appendix C.

Question 4: 48 CFR § 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations. This clause appears to only apply to a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b). If our company does not meet that definition, therefore, would the clause still apply?

Answer 4: The clause would apply only to those contractors who meet that definition and respond to the solicitation posted via (FBO).

Question 5: 48 CFR § 52.212-4 - Contract Terms and Conditions - Commercial Items. This clause applies to T&M or labor-hour contracts. Will this clause apply for this procurement?

Answer 5: The Prescription at 12.301(b)(3)states The clause at 52.212-4, Contract Terms and Conditions-Commercial Items. This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). Use this clause with its Alternate I when a time-and-materials or labor-hour contract will be awarded. The contracting officer may tailor this clause in accordance with 12.302.

The solicitation does not use this Clause with its ALT I therefore it applies to the FFP IDIQ Contract we are soliciting for.

Question 6: 48 CFR § 52.222-51 - Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements. This clause does not appear to apply to this procurement. Will this clause apply?

Answer 6: FAR 52.212-5 (c) states:

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

52.222-51 is not marked in this solicitation and therefore, does not apply.

Question 7: 48 CFR § 52.222-53 - Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements. This clause does not appear to apply to this procurement. Will this clause apply?

Answer 7: FAR 52.212-5 (c) states:

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

52.222-53 is not marked in this solicitation and therefore, does not apply.

Question 8: 48 CFR § 52.225-26 - Contractors Performing Private Security Functions Outside the United States. This work will not be performed outside of the USA. Will the clause still apply?

Answer 8: FAR 52.212-5 (b) states,

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.

52.225-26 does not apply. Only clauses marked with an “X” are what applies to this solicitation.

Question 9: 48 CFR § 52.226-6 - Promoting excess food donation to non-profit organizations. The clause applies if this contract is for the provision, service, or sale of food in the United States. If the contractor will not be dealing with food donations for this job, does this clause still apply to this procurement?

Answer 9: FAR 52.212-5 (c) states:

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

52.226-6 does not apply. Only clauses marked with an “X” are what applies to this solicitation.

Question 10: 48 CFR § 52.247-64 - Preference for Privately Owned U.S.-Flag Commercial Vessels. This clause applies to contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. If the contractor does not plan to use ocean transportation of supplies for this job. Will this clause apply to this procurement?

Answer 10:

Under FAR clause 52.212-5,

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

Although the clause is within 52.212-5, this clause is only used as required.

Question 11: Project Manager II and Software Engineer II. The top of Page 16 reflects two exempt employee titles and Federal Equivalent salaries. Is this an example of salaries or are those cited salaries from the GS Schedule required to be in our proposal pricing?

Answer 11:

FAR clause 52.222-42 reads, “In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.”

The salaries are for information only, it is not a wage determination.

Question 12: The Wage Determination (WD )PDF files attached to the solicitation are outdated. Will the Contractor be required to use those WDs or the latest ones currently dated September 16, 2019?

Answer 12:

The USCG will post the most current Wage Determinations with the final RFP.