FY21 VENDOR RFP QUESTIONS.docx
DOCX document 43 KB Posted
- Solicitation number
- 75F40121R00003
About this file
This document contains questions and answers regarding a solicitation for data collection, review, compiling, and analysis services to support the FDA Center for Tobacco Products' Office of Compliance and Enforcement. The services include processing inspection notices, warning letters, retailer responses and civil money penalty cases. The incumbent contractor is BA-ZAI JV, LLC under contract HHSF223201610014I. The solicitation is set aside for small businesses under the 8(a) Program and has a ceiling value of $65 million over multiple years. Offerors may team to meet requirements and should provide key personnel resumes, past performance references including from subcontractors, quality control processes, and labor categories aligned with the statement of work. The closing date for proposals was extended to April 5, 2021.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment G Wage Determination.pdf | ||
| 75F40121R00003_0002.pdf | ||
| Attachment D - Past Performance Questionaire.docx | DOCX document | |
| Attachment_F_3398.pdf | ||
| 75F40121R00003_0001.pdf | ||
| Attachment A - Personnel Security Requirements.docx | DOCX document | |
| Attachment D - Past Performance Questionaire.docx | DOCX document | |
| 75F40121R00003.pdf | ||
| Attachment E - Sample Task Order.docx | DOCX document | |
| Attachment C - Pricing Worksheet.xlsx | XLSX spreadsheet | |
| Attachment B - Labor Categories (002).docx | DOCX document |
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Vendor Questions FDA Response
| 1. Provide clarification regarding the Do Not Compete language as soon as possible so that companies with Tobacco Retailer Inspection contracts can determine if they are eligible to submit a response? |
| The contractor and all of its present and future affiliates and subsidiaries agree to: |
1) Not compete nor assist anyone in competing for any competitive acquisition of the requirements or services described in the documents which the contractor has been provided access to or delivers under this contract and task orders thereof.
2) Not furnish either as a prime contractor or subcontractor the requirements or services described in paragraph 1) above.
The above prohibitions shall also apply to the contractor's employees, subcontractors, consultants or any other person who participates in the performance of this contract. The contractor shall require such persons to sign the Organizational Conflict of Interest Statement agreeing to the above restrictions. An executed Organizational Conflict of Interest Statement shall be provided to the Contracting Officer, prior to a person beginning work under this contract/order.
Noncompliance with the above restrictions and conditions shall be a cause for: termination of this contract for default; and/or, disqualification of any proposal submitted for a competition
2. The RFP Instructions require submission of the past performance questionnaires to Michael Gemmill. However, the questionnaire itself (Attachment D) has instructions to submit to Noah Wills and provides his contact information on the last page of the questionnaire. Also, the RFP and Attachment D have differing solicitation numbers (75F40121R00003 on the RFP, and RFQ No. FDA-SOL-20-1227442 on Attachment D). Would FDA please clarify/correct these discrepancies?
Updated to reflect all communication be sent to Michael Gemmill at michael.gemmill@fda.hhs.gov
3. There is no Attachment 13 provided with the solicitation. Would FDA please provide the missing attachment?
Updated to Attachment F and included
| 4. There is a link in the RFP for Attachment C that does not work. Would FDA please confirm we are to ignore this link and use only the pricing worksheet provided as a separate attachment (in Microsoft Excel) to the solicitation? |
| Link removed, use the attachment in the solicitation |
| 5. For ease of document numbering, and since it is excluded from the page limitation, can the offeror include the required key personnel resume for the Project Director as an appendix? |
| Yes, this is acceptable |
| 6. Can you please provide information about the incumbent: organization name and contract number? |
| BA-ZAI JV, LLC |
HHSF223201610014I
| 7. This FAR Clause 52.222-53 , Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67) has been checked in the RFP, some of the labor categories are covered by the Service Contract Act under the current awarded IDIQ contract. Would FDA consider incorporating the SCA and attaching a current Wage Determination? |
| Exception removed and attachment G Wage Determination was added. |
| 8. In a teaming arrangement will both the 8(a) prime and team partner's Past Performance be accepted to meet PP requirement? |
| Yes, this is acceptable |
| 9. Section 20 This section shows delivery as 4/17/2020. Please confirm that this date is 4/17/2021 and that it reflects the date FDA CTP intends to make an award that will trigger the transition-in requirements. |
| Unable to locate this reference, but FDA intends to award the transition in at the establishment of the IDIQ. |
| 10. Confirm the NAICS code and size |
| Confirmed NAICS Code 541611, but changed size standard to $16.5 Million |
| 11. In Section 12 of the RFP, the term Contractor, “for purposes of this Contract,” is defined as “a State or local government organization…” Please clarify the definition for the term Contractor |
| Section removed |
| 12. Please confirm that Offerors submitting as a joint venture approved under the SBA’s Mentor-Protégé program complying with 13 CFR 124.513 implicitly comply with this requirement |
| If a Joint Venture or Mentor-Protégé is considered an 8(a) by the Small Business Administration under 13 CFR 124.513 or 13 CFR 520 they may comply with this requirement. |
| 13. The RFP instructions include “a statement regarding the terms and conditions herein” that must be included with an Offeror’s proposal. Is it acceptable to include this statement with the cover letter to an Offeror’s proposal? If not, which volume should this statement be included? |
| Yes, this is acceptable |
| 14. The Evaluation Factors do not include the Past Performance volume. How will past performance be evaluated and what role does the past performance play in the evaluation of offers? |
| Past Performance will be evaluated as a risk assessment and will not be numerically scored. |
| 15. Contracting Officer has not checked FAR clause 52.222-62 Paid Sick Leave Under Executive Order 13706 as being applicable to this solicitation, however, 52.222-62 is included in (e) (1) as a flow down to all subcontractors. Will the government please clarify the applicability of FAR clause 52.222-62 to the solicitation? |
| 52.222-62 has been included |
| 16. The Evaluation Criteria are scored adjectivally, and the Technical Factors are provided in descending order of importance, implying that the three sections are weighted differently. Please clarify how the scores of Technical Factors 1-3 will roll up into a volume score. (RFP Section 24, p. 59) |
| The Government will use an adjectival rating to evaluate proposals. No quantitative point system or numerical weight or ranking will be used. |
| 17. Given that this is an 8a set-aside with past performance rated on size and complexity, will the Government allow all teaming partners to provide past performance references to support the prime contractor’s response? |
| Yes, this is acceptable |
18. In order to fully respond to FDA’s requirements, will the Government increase the page limitation to 30 pages?
The technical volume is limited to 20 pages. This includes information related to experience. A page in the technical volume that contains a table, chart, graph, etc., not otherwise excluded below, is subject to the page limitation.
The following items are not included in the 20 pages limit:
· Cover Page
· Table of Contents
· Dividers
· Resumes (limited to 5 pages)
| 19. If we submit an Executive Summary in the Technical Volume will it be evaluated |
| It will be considered, but will count against the 20-page limit |
| 20. Please confirm that the 5-page limit for resumes is for each individual resume submitted |
| Confirmed that the limit is per resume |
| 21. Can the OCI Plan/disclosure be submitted with the Price Volume |
| No |
22. Will the government accept past performance references from offeror's proposed subcontractor(s)?
These may be submitted in addition to Past Performance of the offeror
23. Is it the intent of the Government to ask offerors for copies of teaming agreements with proposed subcontractors, as subcontract agreements aren’t established until after contract award?
Yes, this is acceptable to send after the contract award.
24. Could the government please clarify the statement “Experience described in the Past Performance Volume will not be considered”? Does this requirement mean the Past Performance references and projects described in Relevant Experience should be different?
This is to clarify that anything included in the Past Performance Volume will not be considered as part of the Technical Volume to try and add information beyond the page limit.
25. Section 12 refers to conducting a full PIA if the results of the PTA show that a full PIA is needed. Can you please confirm if the PTA has been performed on the current contract? If so, what was the outcome?
Full PIA has been performed.
26. If a full PIA is required, would you consider having Offerors submit a separate price line item for conducting a PIA?
NO. Full PIA has been performed.
27. Based on the Do Not Compete clause. Is it possible for you to let Tobacco Retailer Inspection contractors know if we are excluded from competing as either a prime or subcontractor on this solicitation?
See question 1
28. Are the Relevant Experience contracts required to be the same as those used in the Past Performance volume?
No. It is not required
29. Could the government clarify whether projects or BPA and IDIQs should be listed in the Past Performance Volume?
This is the offeror’s discretion
30. In order to allow government customers time to respond to required PPQs and provide offerors sufficient time to develop proposals for FDA, will the Government extend the due date of the proposal to April 5th, 2021
Proposal due date has been extended to April 5, 2021.
31. The RFQ mentions a Sample Task Order but the Sample Task Order is not mentioned in the RFQ instructions or evaluation criteria. Will offerors be expected to create a proposed solution for the Sample Task Order? If so, will this response be separate and apart from the 20-page limit for the overall technical volume?
The sample Task Order is for soliciting and comparing quote purposes. Once the IDIQ is awarded, the winning vendor will propose on the Task Order SOW which will not differ much from the sample Task Order.
32. There is no reference to the sample task order in the RFP document (i.e., the instructions and evaluation criteria). Is this provided for informational purposes? Or is the offeror to address this somewhere in our proposal?
The sample Task Order is for soliciting and comparing quote purposes. Once the IDIQ is awarded, the winning vendor will propose on the Task Order SOW which will not differ much from the sample Task Order.
33. Attachment D to the solicitation is the Past Performance Questionnaire. Attachment E provided with the solicitation is the Sample Task Order. Would the FDA please confirm this is correct?
Confirmed - Attachment D is Past Performance Questionnaire. Attachment E is Sample Task Order.
34. On Page 16 of the Solicitation the following appears to imply that a facilities clearance is NOT a pre-requisite for this award but could be obtained post award.
Certification from the Defense Contract Administration Services/Defense Logistics Agency (DCAS/DLA) as a secret or higher classification is not a pre-requisite for this award but is a requirement before contract performance.
35. The FDA Physical Security Staff may review the contractor's facility and assess the contractor's compliance. Recommendations for bringing noncompliant areas into compliance will be provided to the contractor by the FDA Physical Security Office. Are we to assume the implication is true?
Yes. The contractor shall make any changes necessary within thirty (30) days after written notice from the FDA Physical Security Office in order to comply with the FDA security requirements.
36. Does FDA want the Contractor to provide a separate cost proposal for Transition-In?
Yes.
37. What Quality Control tools, if any, are currently in use for the RFP’s scope of work?
N/A. The government is not allowed to provide the Quality Control tools, if any, currently in use for the RFP’s scope of work by the current contractor. We recommend the offeror provide Quality Control tools in alignment with their proposed method to complete the work described in the scope of work.
38. The STO states: “This will require the Contractor to review all inspection records for completeness, consistency, and accuracy.” What is the size of the current backlog, if any, of inspection records to review?
Currently, there is no backlog of inspection records to review.
39. The STO states: “The Contractor shall anticipate on average 300 -600 inspection assignments to be processed as Reply Letters per week.” What is the volume of Reply Letters received electronically? What is the volume received in other forms such as mailings/paper?
The Contractor receives a list and the letters electronically. All letters will need to be processed, including preparing the letters for mailing and accurately uploading the documents and information into the appropriate FDA computer systems.
40. Does the pricing worksheet depict the expected level of effort for this contract?
Yes.
41. The transition-in period is listed as 60 – 90 days. What factors does FDA CTP believe would make the transition-in 60 versus 90 days?
Transition-in period may be up to 60-90 days. The length of the transition-in period may be affected by the Contractor’s transition-in plan, on boarding process/activities, and practical knowledge and past experience.
42. The RFP states that “the transition out period is thirty (30) days.” How does the 30-day transition out being called for here relate to the 60-90 days of transition in?
Transition out period, which occurs at the end of the contract period of performance, is designated to ensure the Contractor completes all task order activities prior to the end of the contract per page 9 of the SOW.
43. Section 14 - The contractor and all of its present and future affiliates and subsidiaries agree to:
Not compete nor assist anyone in competing for any competitive acquisition of the requirements or services described in the documents which the contractor has been provided access to or delivers under this contract and task orders thereof. Given the requirements of this opportunity, the successful Offeror will not be exposed to or in possession of procurement sensitive information. Please consider deleting this requirement or if boilerplate and required in all contracts, provide confirmation that it does not apply to this contract.
See question 1
44. May Offerors submit more than three past performance questionnaires?
At least three past performance references are required for this contract.
45. In regard to the Project Director- Understanding that our goal is always to offer the Government the best, most qualified candidates possible, would the Government consider making the position degree requirements consistent with other FDA IDIQ requirements (example: an individual with a bachelor’s degree in a technical, business, information management discipline)?
The expected education requirements are listed in the RFP. The offeror should provide the Government the best, most qualified candidates to meet the performance of the work described in the IDIQ.
46. In regard to Project/Task Manager- would the Government consider making the position degree requirements consistent with other FDA IDIQ requirements (example: an individual with a bachelor’s degree in a technical, business, information management discipline)?
The expected education requirements are listed in the RFP. The offeror should provide the Government the best, most qualified candidates to meet the performance of the work described in the IDIQ.
47. The Government provided an amount in the ODC line for pricing. Please explain what costs are included so that we can ensure our proposed contractor facility cost as a rate per square foot and courier expenses are able to be covered or provide instructions on how you would like for us to propose those costs.
The amount provided on ODC line is for estimation purposes.
48. Are the dollars listed in the various ODC line items in Attachment C provided for evaluation and estimation purposes only or will those amount form ceilings for ODC’s in each year of performance of the contract?
The amount provided on ODC line is for estimation purposes.
| 49. Would the Government please clarify if it expects offerors to write to the sample TO as part of their technical response? If yes, please provide evaluation criteria for the Sample Task Order |
| The sample Task Order is for informational purposes. See question 21. |
50. What is the ceiling of this IDIQ?
Sixty-five Million Dollars ($65,000,000.00)
| 51. Does the pricing worksheet depict the expected level of effort for this contract |
| Yes - from historical data. |
52. For future Task Order requests under this IDIQ, will the offeror be able to propose additional labor categories as needed?
No. Task Order labor categories must mirror the IDIQ labor categories.
53. The Sample Task Order references additional key personnel, "The key personnel for this task order are the Project/Task Manager, and all designated alternates."
The key personnel are the Project Director and the Project Manager.
54. Please confirm we are providing Key Personnel resumes at the IDIQ level only
Key personnel resumes will be provided at the IDIQ and Task Order level
55. Would the Government provide a schedule of the planned release of all anticipated task orders?
No.
56. Will the Government clarify the average number of days from the date a Task Order is posted to the date of Task Order award? In order to ensure key personnel are available to work immediately after Task Order award we need to complete the badging process which may be as long as 30 days to complete.
Badging process will occur during the transition in period.
| 57. Can we use the IDIQ PD as the Security Representative |
| Yes. |
58. Security Requirements: Att. A, Personnel Security Requirements, section 13, page 64, states the "Position Risk Designation for this contract is Tier 2." Att. E, Sample Task Order, 13, Personnel Security Requirements, states "the security risk level for this task order is 5." Can the government please clarify the personnel security level for this contract?
Position risk designation for this contract is Tier 2.
| 59. How are the lists of "Warning Letter cases and associated retailer responses" provided? Excel |
| Compliance Check Inspection Notices, Warning Letters, Reply Letters and CMPs needing processing are provided electronically through the appropriate FDA computer systems. Depending on the specific task, summary lists or reports in excel spreadsheets are provided electronically. |
| 60. Who is considered a "direct support contractor employee |
| The labor categories included in the RFP should be utilized when responding to the solicitation. |
61. What is the government looking from the Offeror in regard to: "Association of LCATs with Roles and Responsibilities to be performed by Each LCAT" section? In other words, can the government kindly elaborate on what specifics they are looking for from the Offeror in that section?
Under Task 5.3, “As asked, the Contractor shall provide services supporting the reception and review of inspection results to recommend administrative or enforcement action as necessary.”
Is this task in person at the location or tracked via a system
Please provide the roles and responsibilities to be performed by each LCATs.
This will be tracked via a system and not performed in person at the location.
62. Under Task 5.3, 3rd bullet, “Processing documents may include, data entry, uploading documents and creating cases in databases identified by the FDA. Documents associated with the Tobacco Retailer Compliance Check Inspection Program include, but are not limited to: inspection reports, administrative or enforcement notices and follow-ups, and details regarding tobacco retail establishments. These documents vary in length; however, the typical range is from one (1) page to twenty-five (25) pages.”
Is this task in person at the location or tracked via a system?
This will be tracked via a system and not performed in person at the location.
63. Under Task 5.3, “Certain tasks under Task 5.3 will require delivery of documents to FDA’s White Oak campus in Silver Spring, Maryland, once a week. Couriered documents must be delivered to the contractor’s physical location so that they are processed the same day.” Does the government have an estimation of the volume of envelopes and the weight of the packages?
The Contractor shall provide for delivery and pickup of documents, via courier, between FDA’s White Oak campus in Silver Spring, Maryland and the Contractor’s facility (off-site), upon request no more than twice per week. The volume of documents included in each pickup/delivery will vary.
| 64. Does the government have a document tracking system |
| The FDA utilizing various systems to track documents depending on the task. These systems are accessible using the assigned FDA computer. |
| 65. Will the Government confirm that the SOW referenced in Section 24 is the Sample Task Order SOW from Attachment E, and that offerors should not provide a technical approach to the IDIQ level SOW from Section C in this area |
| The SOW referenced in section 24 is the IDIQ SOW. The sample Task Order is for soliciting and comparing quote purposes. Once the IDIQ is awarded, the winning vendor will propose on the Task Order SOW which will not differ much from the sample Task Order. |
| 66. Are the documents that the contractor will be working with considered evidence? E.g. is the contractor expected to have lockboxes, evidence custodian logs and signatures |
| The documents are sensitive in nature and require protocols in place to protect the information. However, these documents do not require evidence logs, lockboxes or signatures. |
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