Sol_Amend_1_75F40124R00003_QR.pdf

75F40124R00003 – Occupational Health Services IDIQ

Solicitation Questions & Responses

# Reference Question Response 1 Solicitation

#75F40124R00003 - Technical Proposal Instructions, Technical Factor 4 (Relevant Experience).

The solicitation states that the Offeror shall provide a narrative describing two (2) relevant experience examples that are most like this IDIQ in terms of size, scope, and complexity. Both two (2) relevant experience examples shall have been performed at any time within the last five

(5) years and shall have been performed by the Offeror as the prime contractor.

Question:

Many companies are structured with multiple divisions or multiple legal entities that individually perform Prime Contracts but fall under a broader corporate umbrella. Recognizing such corporate structures exist across the industry, the procurement rules and numerous GAO decisions have made clear that procuring agencies may evaluate and credit an offeror with the past performance and corporate experience of sister subsidiary companies where the offeror’s proposal demonstrates that the resources of the sister subsidiary (e.g., workforce, management, facilities, or other resources) will be meaningfully contributed to contract performance. See GM– Bulltrack, B- 414591.6 (Comp. Gen. Oct. 30, 2018) (holding that an agency may properly attribute the experience or past performance of a sister subsidiary), and Iyabak Construction, LLC, B- 409196 (Comp. Gen. Feb.6, 2014) (holding that the agency failed to articulate a rational basis for solicitation’s refusal to consider experience and past performance of sister subsidiaries).

Would the Government please confirm that the Offeror may cite the prime contract past performance and corporate experience of a sister subsidiary company so long as the Offeror demonstrates how the resources of the sister subsidiary will meaningfully contribute to the performance of the opportunity?

Yes, assuming Offerors can demonstrate meaningful involvement of cited subsidiary companies in contract performance. Please see attached amended solicitation.

2 RFP, 39. Instructions to the Offerors, Volume III – Past Performance Proposal Instructions, Page Number

Reference: Past performance examples

Question: Will the experience and past performance of parent or subsidiary companies be evaluated if the proposal shows that a sister company lending its experience and past performance has made a firm commitment to have a meaningful involvement in contract performance?

Yes, please see response to question #1.

3 RFP, 39. Instructions to the

Offerors, Volume III – Past Performance Proposal Instructions, Page Number

Reference: Past performance examples

Question: Are there any additional requirements that an offeror must address in its proposal in order to utilize parent or subsidiary company experience and past performance if the proposal shows that a sister company lending its experience and past performance has made a firm commitment to have a meaningful involvement in contract performance?

No, please see response to question #1.

4 RFP, 39. Instructions to the Offerors, Volume III - Past Performance Proposal Evaluation Criteria, Page Number 76 of 77

Reference: Past performance proposal evaluation criteria

Question: Are there specific or special evaluation criteria for rating the experience and past performance of an offeror who utilizes parent or subsidiary company experience and past performance if the proposal shows that a sister company lending its experience and past performance has made a firm commitment to have a meaningful involvement in contract performance?

No, please see response to question #1.

5 RFP, 39. Instructions to the Offerors, Page Number 70 of 77

Reference: Proposals shall be submitted electronically via email to the Contract Specialist, Noah Wills at Noah.Wills@fda.hhs.gov, and the Contracting Officer, Gary Klaff at Gary.Klaff@fda.hhs.gov, by 10:00am (Eastern) on January 17, 2024.

Question: Can the Government confirm if their secure email gateway and/or inbound email rules will ensure that emailed proposal submissions will be delivered to the named Contract Specialist and Contracting Officer and not be blocked, dropped, or held due to file size constraints for submissions that are under the maximum total file size?

It is recommended that Offerors do not submit emails/attachments larger than 25 MB in order to ensure receipt. It is the Offeror’s responsibility to confirm receipt of all proposals and/or questions by the closing date of this announcement.

6 RFP, 39. Instructions to the Offerors, Page Number 70 of 77

Reference: Proposals shall be submitted electronically via email to the Contract Specialist, Noah Wills at Noah.Wills@fda.hhs.gov, and the Contracting Officer, Gary Klaff at Gary.Klaff@fda.hhs.gov, by 10:00am (Eastern) on January 17, 2024.

Question: Is there a maximum total file size for email submissions?

Yes, please see response to question #5.

7 RFP, 39. Instructions to the Offerors, Page Number 70 of 77

Reference: Proposals shall be submitted electronically via email to the Contract Specialist, Noah Wills at Noah.Wills@fda.hhs.gov, and the Contracting Officer, Gary Klaff at Gary.Klaff@fda.hhs.gov, by 10:00am (Eastern) on January 17, 2024.

Question: For the email submission, is there a preferred number of attachments per single email? For example, would the Government prefer a submission with “Email 1 of 3” etc. to reduce the total size of files within each email?

No, please see response to question #5. Offerors may submit multiple emails to reduce the total size of files within each email.

8 RFP, 39. Instructions to the

Offerors, Page Number 70 of 77

Reference: Proposals shall be submitted electronically via email to the Contract Specialist, Noah Wills at Noah.Wills@fda.hhs.gov, and the Contracting Officer, Gary Klaff at Gary.Klaff@fda.hhs.gov, by 10:00am (Eastern) on January 17, 2024.

Question: Will the Government confirm receipt of the proposal documents via email to Offerors who submit in advance of the offer due date?

Yes.

9 RFP, 39. Instructions to the Offerors, Page Number 70 of 77

Reference: Proposals shall be submitted electronically via email to the Contract Specialist, Noah Wills at Noah.Wills@fda.hhs.gov, and the Contracting Officer, Gary Klaff at Gary.Klaff@fda.hhs.gov, by 10:00am (Eastern) on January 17, 2024.

Question: In lieu of electronic submissions via email, can the Government provide an electronic drop box service that provides an official receipt as to successful submission?

No.

10 RFP, 39. Instructions to the Offerors, Volume I – Technical Proposal Instructions, Technical Factor 3: Personnel Experience, Page Number

Reference: The Offeror shall provide the names and qualifications of the Key Personnel proposed for this solicitation in the form of resumes.

The Offeror shall provide signed commitment letters for the Key Personnel identified, shall clearly present the separate credentials of each of the proposed Key Personnel, and shall provide a concise summary of each individual’s separate duties and responsibilities as proposed for this solicitation.

Question: Mid-December through New Years is the slowest time of the year for recruiting as candidates wait until the new year to even begin applying. Candidates will likely not be in the job search again until at least 1/2/2024, which limits contractors’ abilities to get the best candidates and letters of commitment. Will the Government extend the due date to no earlier than 2/1/2024 to allow time for contractors other than the incumbent to source candidates and get signed letters of commitment?

No.

11 RFP, 39. Instructions to the

Offerors, Volume III – Past Performance Proposal Instructions, Page Number

Reference: The Offeror shall send the Past Performance Questionnaire to each the references cited. Each reference must complete the Past Performance Questionnaire and email an electronic copy to the Contract Specialist, Noah Wills at Noah.Wills@fda.hhs.gov, and cc the Contracting Officer, Gary Klaff at Gary.Klaff@fda.hhs.gov by the proposal due date.

Question: Will the Government extend the due date to no earlier than 2/1/2024 to allow time for the Offeror’s references who may be on leave for the holidays and into the new year to email the completed Past Performance Questionnaires to the named Contract Specialist and Contracting Officer by the proposal due date?

No, please see response to question #10. However, the Past Performance Questionnaire states: “Should the due date for quotes be extended, the due date for Past Performance Questionnaires may also be considered extended to the same extended date and time.”

12 We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services.

If not brand new, could you please provide the current / previous contract number?

Incumbent: Eagle Health, LLC.

Contract Number: 75F40119D10029.

13 Volume III – Past Performance Proposal Instructions, Page(s) 73

The RFP states: The Offeror shall describe two (2) past performance examples of the Offeror’s success in performing comparable contracts/orders, which shall match the examples cited in Technical Factor 4: Relevant Experience.

To allow the most advantageous response to the Government’s requirements, please confirm that the Offeror’s past performance examples is inclusive of any cited significant subcontractor(s).

Yes, assuming Offerors can demonstrate meaningful involvement of cited subcontractors in contract performance. Please see attached amended solicitation.

14 Volume III – Past Performance Proposal Instructions, Page(s) 73

The RFP states: The Offeror shall describe two (2) past performance examples of the Offeror’s success in performing comparable contracts/orders, which shall match the examples cited in Technical Factor 4: Relevant Experience.

To allow the most advantageous response to the Government’s requirements, please confirm that the Offeror’s past performance examples is permitted for any cited small business subcontractor(s) per the SBA rule published on October 16, 2020, and codified in the Code of Federal Regulations, Title 13, Chapter I, Section 125.2(g).

Yes, see response to question #13.

15 10.2.1 Transition-In, Page(s) 11 The RFP states: The Contractor shall transition-in and assume the responsibility for activities and duties from the current OHS provider in a manner that does not interrupt or negatively impact FDA’s provisioning of occupational health services or operations. The purpose of the Transition-in requirement is to provide an orderly transition from the current OHS provider.

As no specific transition period is mentioned, please confirm if a specific transition period is planned from the stated period of performance Ordering Period I start date of March 2, 2024.

The transition period will commence at the date of IDIQ award and with the first IDIQ Task Order award.

16 Section No. 39, Page No.

Many companies are structured with multiple divisions or multiple legal entities that individually perform Prime Contracts but fall under a broader corporate umbrella. Recognizing such corporate structures exist across the industry, the procurement rules and numerous GAO decisions have made clear that procuring agencies may evaluate and credit an offeror with the past performance and corporate experience of sister subsidiary companies where the offeror’s proposal demonstrates that the resources of the sister subsidiary (e.g., workforce, management, facilities, or other resources) will be meaningfully contributed to contract performance. See GM– Bulltrack, B- 414591.6 (Comp. Gen. Oct. 30, 2018) (holding that an agency may properly attribute the experience or past performance of a sister subsidiary), and Iyabak Construction, LLC, B- 409196 (Comp. Gen. Feb.6, 2014) (holding that the agency failed to articulate a rational basis for solicitation’s refusal to consider experience and past performance of sister subsidiaries).

Would the Government please confirm that the Offeror may cite the prime contract past performance and corporate experience of a sister subsidiary company so long as the Offeror demonstrates how the resources of the sister subsidiary will meaningfully contribute to the performance of the opportunity?

Yes, please see response to question #1.

17 Will the Government please grant a two-week extension to the proposal due date due to the holiday season?

No, please see response to question #10.

18 Section No. 11, Page No.

The Joint Commission (TJC)-Health Care Staffing Services (HCSS) certification is a third party verification that assures that FDA that medical staff are fully credentialed, privileged; and verifies licensing, training, and certifications monthly. In order to mitigate operational risk, will the Government include a requirement that the prime offeror and /or affiliates shall hold the Joint Commission (TJC)-Health Care Staffing Services (HCSS) certification?

A requirement for TJC- HCSS certification is not included, but certification could be an considered an advantage when evaluating proposals.

19 Section No. 39, Page No.

Will the government allow one of the two required relevant experience examples be from a subcontractor?

Yes, please see response to question #13.

20 Section No. 11.1.2, Page

No. 22 Will the Government update RFP 11.1.2 to amend bullet three to allow for experience managing federal or state level contracts in medicine, science, research, or other related fields?

Yes, please see amended solicitation.

21 Section 3 (page 5) states “The total amount specified in Firm-Fixed Price (FFP) task orders shall be fixed for the task order period of performance and shall not be subject to adjustment; except, as a result of a direct action or inaction by the Government which delays the Contractor from completing the task order within the time specified in the order.” If an SCLS covered position is included in the FFP Task Order and there is a Wage Determination update during an option period, please confirm that a wage determination adjustment will be allowed to update the mandatory minimum wage and/or mandatory Health and Welfare (H&W) amount.

Confirmed, in accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

22 Section 11.1.3 (page 22) Will the government consider alternate acceptable qualifications for the COHN certification for personnel who possess a unique blend of qualifications, such as advanced education, occupational health expertise, research setting experience in occupational health, and direct FDA support? For example, the exception to the COHN certification requirement may include possessing over four years of experience in clinical programs and project management, a minimum of four years in research setting occupational health, and a master's degree in nursing or higher.

No.

23 Please clarify if NAICS code 62111, Offices of Physicians (except Mental Health Specialists) is the most appropriate categorization for this requirement given that the current contract falls under NAICS code 621498 (All Other Outpatient Care Centers) and the majority of work would not be physician services.

NAICS code 621111 confirmed, we are a physician specialty and not a general practice clinic.

24 10.4.2 - Medical Insurance/Indemnification, Page Number 19

RFP Text: The Contractor shall procure, maintain, and provide evidence of Indemnification and Medical Liability Insurance

Question: Can the Gov't identify provide the required coverage limits?

There is no minimum or maximum coverage requirement, coverage is decided by the Contractor.

25 n/a Can the Gov't identify how longn each of the incumbents have been in the positions? Incumbent has been performing the current IDIQ since September 23, 2019.

26 n/a Will the Gov't proovide the number of current vacant positions per labor category? Nurse (Certified Occupational Health Nurse) / Nurse (without Certified Occupational Health Nurse): 0.5 FTE

Physician (Occupational Medicine): 1 FTE

27 n/a Can the Gov't provide the current level of effort in terms of resources by labor category? No, as this would contradict the application of the Rates Only Pricing technique described in RFP Section 40, Basis of Award and Evaluation Criteria.

28 Technical Factor 4:

Relevant Experience, Page Number 72

RFP Text: The offeror shall provide a narrative describing two (2) relevenat experience examples that are most like this IDIQ ….

Question: Will the Gov't accept past performance references associated with major subcontractors?

Yes, please see response to question #13.

29 Attachment 10 RFP Text: Estimated Materials Ceilling

Question: Will the Government allow industry to submit apply OH and G&A rates for materials purchase?

Offerors are not required to propose materials at the IDIQ level. As stated in the solicitation, “Any Other Direct Costs (ODCs) and Order Level Materials (OLMs) will be specified in the individual task orders.” Also as stated in the solicitation, “The Offeror shall not add to, remove, or otherwise modify the Government’s estimated materials ceilings, which are provided for informational purposes only – the Government will use the same estimated material ceilings when calculating each Offeror’s total evaluated price,” which “will be used for evaluation purposes only.”

30 Pricing Terms, Page Number 5

RFP Text: Contract shall include FFP, LH

Question: Should the FFP pricing be based upon monthly cost, and if so what should the monthly/annual hours be based upon?

No, Offerors’ proposed pricing in response to this RFP will be used to establish the IDIQ not-to-exceed labor rates.

Actual pricing and level of effort for requirements will be negotiated at the individual IDIQ task order level.

31 Does the Government intend this as a single or multi-award contract? As stated in the solicitation, “This is anticipated to be a single-award Indefinite Delivery-Indefinite Quantity

(IDIQ).”

32 For Technical Factor iV - Past Performance, the requirement states: "The Offeror shall provide a narrative describing two (2) relevant experience examples that are most like this IDIQ in terms of size, scope, and complexity." If the Offeror has teaming partners, is the requirement 2 past performance examples cumulatively across the team or 2 examples per team member?

Cumulative. As stated in the solicitation, “No more than two (2) examples shall be cited.”

Technical Factor 4 is Relevant Experience, not Past Performance. However, As stated in the solicitation, the two (2) examples cited for past performance “shall match the examples cited in Technical Factor 4: Relevant Experience”

33 Pricing On pricing worksheet 75F40124R00003 Can you please confirm the staffing levels for each ordering period are the staff that supports all 4 Health Units?

Confirmed.

34 Pricing Can you provide definitions for the difference between the “Firm Fixed Price IDIQ Labor Rate” and the “Labor Hour IDIQ Labor Rate” identified on the Pricing Workbook?

Firm Fixed Price IDIQ labor rates will be used when establishing Firm Fixed Price IDIQ task orders. Labor Hour IDIQ labor rates will be used when establishing Labor Hour IDIQ task orders.

35 Staffing Does each unit require the same staffing model? No.

36 Staffing Related to #3, if staffing levels vary, can you provide the staffing levels for each Health Unit? No, as this would contradict the application of the Rates

Only Pricing technique described in RFP Section 40, Basis of Award and Evaluation Criteria.

37 Task Area 10.3 Can you please provide historical annual visit volume by service type provided in the network? Yes, please see the “Sol_Amend_1_75F40124R00003_QR_Field Services.docx” spreadsheet attached.

38 Pricing Worksheet Please provide the definition for the difference between the “Firmed Fixed Price IDIQ Labor Rate” and the “Labor Hour IDIQ Labor Rate” identified on the Pricing Workbook.

Please see response to question #34.