J6 Questions and Answers.pdf

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HHS Office of Civil Rights Executive Services & Consulting
Solicitation number
75P00123R00048
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This document contains questions and answers related to solicitation number 75P00123R00048 for HHS Office of Civil Rights Executive Services and Consulting. The solicitation seeks consulting services including investigation support, administrative support, mission and policy support, and outreach support. The incumbent is Nationwide IT Services under contract number 75P00123P00048 expiring April 2024. Key details include a response date of August 23, 2023, anticipated award by September 2022, pricing to be determined at the task order level, and a single IDIQ award. Labor categories and estimated hours are provided for 12 positions including senior advisors, analysts, and administrative staff.

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1. Question: a. Is there an incumbent?

Answer: Yes. There is an incumbent.

b. If so, who is it and when does the POP expire?

Answer: The incumbent is Nationwide IT Services, and the POP expires on 04/14/2024.

2. Question: Would the Government consider an extension of a week so that we can bring together the right resources to offer the best possible solution?

Answer: The Government has extended the proposal submission date by a day.

3. Question: Can the Government please provide the incumbent contract information?

Answer: The incumbent is Nationwide IT Services. The contract number is 75P00123P00048. The Government will not release further information.

4. Question: Are there any differences in the level of effort for this contract versus that of the incumbent contract?

Answer: The Government will not release this information.

5. Question: Is the Government satisfied with the incumbent performance?

Answer: The Government will not release this information.

6. Question: Would the government consider requiring ISO 9001 certification as a measure to ensure applicable quality standards under this contract?

Answer: The Government is not requiring the ISO 9001 certification.

7. Question: Page 86, Factor 3: Can the Government please clarify who is Key Personnel for the Sample Task Order?

Answer: This factor has been revised. The only key personnel is the project manager for the contract.

8. Question: Can resumes and letter of commitment be included in the technical appendices (and excluded from the 30-page limit)?

Answer: Per Provision L.9, resumes and letters of commitment are included in the Technical Appendices, and excluded from the 30-page limit.

9. Question: Can tables and figures use 10-point font?

Answer: Yes, tables and figures may be 10-point font. The solicitation has been revised

10. Question: 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?

Answer: The incumbent is Nationwide IT Services, and the current contract number is 75P00123P00048.

11. Question: I was wondering if there is an incumbent contract for this requirement. If there is, could you kindly provide me with the incumbent contract # and vendor? If there is no incumbent is this a new requirement?

Answer: Refer to answer number 10.

12. Question: Can you please inform me if there is a current contractor doing this project?

13. Question: Could you please confirm the type of award for this opportunity? Is it a single IDIQ or multiple IDIQ contract?

Answer: Per Provision L.3, there will be a single award IDIQ.

14. Question: Is this a new or existing requirement?

Answer: This procurement is an existing requirement.

15. Question: If this is a current contract, who is the incumbent?

16. Question: How will the current budget cuts within the federal government impact the contract funding?

Answer: The effect of budget cuts on contract funding is currently unknown.

17. Question: If the government plans to make a single award, will the government negotiate pricing at the time of each task order after awarding the offerors price proposal?

Answer: Per Provision, H.8, the Government reserves the right to conduct analysis in accordance with FAR 15.4 and negotiate for lower pricing for specific task orders.

18. Question: Under minimum education requirements: confirm that proposed candidates can have either the specified degree OR the minimum listed GS-xx level?

Answer: Yes, per Provisions C.4.1, C.4.2, C.4.3, and C.4.4, the Contractor’s proposed candidates can have either the specified degree or the specialized experience equivalent to the GS-xx level in the Federal Government.

19. Question: Would the government accept candidates who did the specific work outlined in the SOW from the private sector healthcare or is government experience only preferred?

Answer: The Government will accept candidates who did the specific work outlined in the SOW from the private sector healthcare, or from government experience.

20. Question: Does the government want to see a “Phase Out” plan as part of the technical proposal?

Answer: Please refer to the requirements of the section L.9 of the Request for Proposal (RFP) and respond accordingly.

21. Question: D-Packing and Marking: Since RFP responses are to be emailed, can the government clarify what this section pertains to?

Answer: Section D – Packaging and Marking pertains to non-emailed deliverables from the Contractor sent to the COR on the contract.

22. Question: What is the amount of onsite presence required for each individual assigned to the contract? Is the preference for each individual live local to the HHS headquarters in

DC?

Answer: The amount of onsite presence required for each individual assigned to the contract will be decided on a case-by-case issue. Some services require individuals to come into the office, while other services do not.

23. Question: Is the governments requirement that any work handled by the offerors team is submitted and delivered in hard copy or can materials be emailed?

Answer: The determination for requiring hard copy or emailed materials will depend on the deliverable that is required. The determination will be decided by each situation.

24. Question: a. What is the amount of travel expected under this contract?

Answer: Travel is not expected at this time, but there could be a need in the future.

b. Will the government allow for a line item for travel on the pricing spreadsheet or will travel be handled on an as needed basis with prior COR approval?

Answer: Travel will be decided on an as-needed basis with prior COR approval. Offerors should adhere to the proposal submission requirements per the RFP.

25. Question: What is the probability that the government will offer more than one IDIQ award?

Answer: Per Provision L.3, this procurement will be a single IDIQ award.

26. Question: Are proposals to be submitted in PDF or Word format (other than the Excel sheet for pricing)?

Answer: The Government prefers Offerors to submit proposals in PDF format.

27. Question: The VPAT document on the website specific to Section 508 is 26 pages. Is this the document that the government requires offerors to be included in the technical appendix? There is another 36-page document. Can you clarify which is preferred?

Answer: Yes, the Voluntary Product Accessibility Template (VPAT), Revised Section 508 Edition, Version 2.4Rev consisting of 26 pages is the required document.

28. Question: Does the government require the pricing excel submitted as a 4th attachment in addition to the 3 required volumes?

Answer: Yes, the Excel pricing document should be submitted as a 4th attachment. The RFP has been revised accordingly.

29. Question: The offerors SAM is current. Does the government require offeror to include the Section K (Reps & Certs) in the Business Volume Appendix?

Answer: Per Provision L.10.6, a completed and executed copy of Section K - Representations, Certifications and Other Statements of Offerors or Respondents, must be included as part of Offerors’ business proposal.

30. Question: Does the government want both a CPARS (if available) and the past performance reference. Or if the CPARS was not provided to include the reference information as listed on page 90?

Answer: Per Provision L.11 [Section has been renumbered], “For contracts that have performance information available through CPARS, offerors are requested to provide a copy of the CPARS report.

For contracts that do not have performance information available through CPARS, offerors are requested to provide the Past Performance Questionnaire (Attachment J.1) directly to their reference.”

31. Question: Are EEO certifications required for proposed individuals who will provide Investigation Support?

Answer: No. EEO certifications are not required for proposed individuals who will provide Investigation Support. The Investigation Support positions are not EEO positions. They are investigatory services based on civil rights and privacy. There are no EEO services requested on this contract.

32. Question: Which labor category is Investigation Support under?

Answer: Investigation Support is under the Management Analyst Services labor Category.

33. Question: With the notice for no extensions, Questions Due 8/9/23 with responses due 8/23/23, what is the anticipated date of release of answers to questions?

Answer: Responses were provided on 8/11/2023.

34. Question: Is there an incumbent for this work?

35. Question: The response is due on 8/23 with no opportunities for extension; when does the government intend to award this contract, and are any task orders expected to be released within the next 90 days?

Answer: The Government anticipates a contract award by September 22, 2023. A task order representing at least the minimum guarantee will be issued in the fiscal year in which the IDIQ is issued.

36. Question: Given the specialized knowledge required to execute the requirements of this SOW, was any market research performed prior to releasing this RFP?

Answer: Yes, Market Research was performed.

37. Question: Are there existing complaints and investigation tools or technology solutions in place? If so, would the government please provide additional information on these tools and solutions?

Answer: OCR currently has a system in place and would require anyone providing services to use it. No outside systems or technology will be allowed.

38. Question: The SBA District Office - Washington Metropolitan Area District is named under Section H.5 Section 8(A) award - Partnership agreement between SBA and HHS.

a. Is the Washington Metropolitan Area District the prime contractor on this contract?

Answer: Per Provision H.5, SBA is the prime contractor on this proposed contract. The clause may be updated prior to award if another District Office has cognizance over the apparently successful offeror.

b. If yes, does that mean that 8(a) firms from other Districts are not eligible for consideration?

Answer: 8(a) firms from other Districts are eligible for consideration.

39. Question: Factor 3 (Qualifications of Personnel) states that it is limited to the Sample Task Order, but there are a wide variety of additional labor categories and relevant skill sets not covered by the Sample Task Order; would the government consider expanding their assessment to all IDIQ labor categories?

Answer: The language in the relevant sections of the RFP has been revised to remove the requirement to address non-key personnel.

40. Question: Factor 3 (Qualifications of Personnel) states that it is limited to the Sample Task Order but also makes references to Key Personnel under the evaluation factors; the Sample Task Order does not include key personnel. Would the government please confirm that there are no Key Personnel required for the Sample Task Order?

Answer: This factor has been revised. The only key personnel is the project manager for the contract.

41. Question: In the Sample Task Order, there is a Deliverable (9) around regulatory impact analysis (RIA), but RIA is not mentioned in C.4 task areas. Would the government please provide more information around expectations for the regulatory impact analysis.

Answer: The Government might request consulting services regarding RIA and would expect the Offerors to provide the services. Regulatory impact analysis is covered in section C.4.

42. Question: In the Sample Task Order, the objective listed is around ‘mission support activities’, which align to IDIQ Task Area 1 (Mission and Policy Support). However, under the Task Areas, only Task Area 2 (Investigation Support) and Task Area 4 (Administrative Support) are listed in the Sample Task Order. Are additional Task Area 1 activities expected under the Sample Task Order?

Answer: The sample task order does not contain Task Area 1.

43. Question: In the Sample Task Order, job functions under the Program Area support Labor Categories do not align to the Task Areas listed (e.g., “outreach activities” align with Task Area 3, which is not listed in the Scope section. Would the government please list any Task Area 3 activities that are considered to be in scope for the Sample Task Order?

Answer: The sample task order does not contain task area 3.

44. Question: Factor 4 (Management Plan) is not limited to the Sample Task Order, but refers to ‘the project’, rather than ‘projects covered under this IDIQ’; would the government confirm that this is intended to be a management plan for the IDIQ and not the sample task order?

Answer: Yes, it is only for the IDIQ.

45. Question: The Sample Task Order refers to virtual meetings and conference calls, but the IDIQ place of performance (F.3) says that work shall be performed at 200 Independence Ave SW, Washington, DC. For pricing purposes, would the government please confirm the expected work location for this contract?

Answer: The expected work will vary based on the services being provided. If OCR accepts services from someone outside the commuting area, we would not expect them to be in person. However, if they are within the commuting area where the services are provided, the Government may expect them to come into the office. A good example are the administrative services provided to the Director’s office; the Government expects those staff persons to come into the office every day. Place of performance will be further defined at the task order level. The Government notes the RFP is not as limiting as stated in the question.

46. Question: The Sample Task Order includes support to regional offices; is travel to regional offices expected as a part of this work?

Answer: No. However, services might be needed in a regional office and we would expect the vendor to find a local person to provide services. Place of performance will be further defined at the task order level.

47. Question: Pub. Trust Levels (High, Moderate, Low): There is no Trust Level 5, however there is a Tier 5 under the (High Trust Level). C.5 Security and Position Sensitivity -states staff must have Tier 4 (Moderate Trust Level). Was C.5 a typo?

Answer: Yes, the statement is a typo. The first paragraph of C.5 Security and Position Sensitivity, has been revised per Amendment 01.

48. Question: F.2 Period of Performance - states the Submission date is 8/23/23. The period of performance begins on 9/15/23. Could we potentially estimate an award decision before or after Labor Day 9/4/23?

Answer: The Government is not prepared to address this question.

49. Question: F.3 Place of Performance – Will HIPAA Technical staff be 100% in the Office of POP?

Answer: The Government does not anticipate that HIPAA Technical staff will be 100% at the Government site; however, staff should be able to perform at the Government facility when needed.

50. Question: Can we please receive a wage determination for this region for key and non-key personnel.

Answer: A wage determination has been attached.

51. Question: Past Performance Instructions – The Government states, “A maximum of two

(2) performance references shall be submitted for contracts under which performance has occurred within the past three years. Past performance references can be for the offeror, predecessor companies, key personnel who have relevant experience and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition” Would the Government respectfully consider allowing the Offeror to submit up to three (3) past performances?

Answer: No, a maximum of two(2) reference shall be submitted.

52. Question: L.10.1 - Where is the standard 1449 form located. We do not see it located in the combined synopsis nor is it located in the SOW?

Answer: An SF1449 has been attached.

53. Question: B.5 - What SCA labor category does the Department of Health and Human

Services require that the contractor price in this proposal?

Answer: The Administrative Support Categories would fall under 01020 - Administrative Assistant.

54. Question: B.5 - How are the estimated hours determined for each labor category?

Answer: A total estimate of hours is provided for budgeting and evaluation purposes.

The Government will not provide further information.

55. Question: B.5 - How many FTE for each labor category?

56. Question: B.5 - How many part time employees for each labor category?

57. On page 86, under Factor 3, the Government states:

“The Offeror’s proposal shall provide resumes regarding the key personnel who would be assigned to the project (including any proposed consultants and subcontractors). The proposal shall include a description of the proposed roles and major responsibilities of key personnel. The proposal shall demonstrate that all personnel (including those providing on or off-site program/administrative support) have relevant and/or technical experience to complete the functions and duties they would perform. The Offeror shall demonstrate that the proposed Key Personnel has 5 years of experience in successfully managing projects of similar scope and complexity. The proposed Non-Key personnel shall have 2 years of professional experience and familiarity with the following topical areas of civil rights protections, health information privacy and security, and conscience protection and religious freedom) and the technical requirements (e.g., programmatic support, federal human resources expertise, budget formulation and execution at the federal level, contracts administration, FOIA responses, tracking, and redaction, policy analysis, enforcement and compliance, legislative liaison, legislative analysis, legislative and regulatory proposals, website administration, outreach to limited English proficiency constituency, event planning, conducting webinars, and communications strategies). The proposal shall clearly show the amount of time to be committed by staff and consultants, provide a Letter of Commitment from Key Personnel and that the proposed staff have availability to fulfill their proposed roles over the course of the project.”

a. Question: Does the Government require resumes for all 12 LCATs listed on page 2 of the Solicitation, under B.5?

Answer: No, only Key personnel.

b. Question: Job roles and responsibilities are described beginning on page 7, C.4.1. Does the Government want respondents to reiterate the provided descriptions or create new roles and responsibilities for each of the labor categories?

Answer: The Offerors shall use the provided descriptions.

c. Question: The LCAT tables in B.5 already list the amount of time to be committed for each role. Does the Government want the respondent to create a distinction between staff hours and consultant hours? Or should the respondent simply reiterate the provided labor hours?

Answer: This factor has been revised.

d. Question: Can the Government provide distinction on Key vs Non-key Personnel? Are the LCATs described in C.4.1 considered Key, and the remaining (C.4.2 and C.4.3) considered non-key?

Answer: The only key personnel required is the program manager.

e. Question: Given the short time between Q&A and submission due date, will the Government consider an extension for respondents to review the answers and update their submission as required?

Answer: The Government has revised the submission date for proposals.

f. Question: Can we use a font size of 10 for tables and graphical elements?

Answer: Refer to answer number 63.

g. Question: Can the HHS 508 Section, resume, and cover page be excluded to the 30-page limit? What is the page limit for each resume?

Answer: There is no page limit for resumes. Please refer to Section L.9 for a listing of what is excluded from the page count.

h. Question: Can the government provide the incumbent and current contract information?

i. Question: Can the government clarify the hours of each role for five years or each year (Page 2-4, Section B.5 Time and Material/Labor Hour Orders)?

Answer: A total estimate of hours is provided for budgeting and evaluation purposes.

The Government will not provide further information.

j. Question: Can the government clarify how many hours are considered Full-Time Employment? 1920 or 1880?

Answer: A total estimate of hours is provided for budgeting and evaluation purposes.

The Government will not provide further information.

k. Question: Can the government clarify how many FTEs are in each role's sample task order?

Answer: The Government has added an assumption for total hours. Additional information will not be provided.

58. Questions: a. Are there any incumbents for this work?

Answer: Yes.

If so, can the government provide the names of the incumbents and the contract numbers?

Answer: The incumbent is Nationwide IT Services. The contract number is 75P00123P00048.

59. Question: Technical Proposal Instructions - The RFP requires the vendor to complete an HHS Section 508 Accessibility Template. Based on the Statement of Work and the Sample Task Order, we do not expect to use any product other than what HHS already uses (e.g., Microsoft Office products, SharePoint, etc.). Should we provide the VPATs made available by Microsoft for these products? In addition, since these are the only ICT products we intend to use for the product, is it acceptable to indicate this in the proposal and state that any other products that may be required based on subsequent task orders will be 508 compliant and we will submit a VPAT for those products during the TO proposal process?

Answer: The Offeror should review the requirements of the RFP and respond accordingly.

60. Question: Business Proposal - Is there a page limit for the business proposal?

Answer: No.

61. Question: L.10.6 Representations and Certifications - If vendors have complete and up-to-date representations and certifications in SAM, are the reps and certs included in Section K still required?

Answer: Yes, a copy of your SAM.gov representations and certifications are required to be submitted with your proposal.

62. Question: Technical Proposal Instructions - Can the government please confirm that the following proposal components do NOT need to be double spaced: Cover Letter, Table of Contents, Graphics/Tables, and Resumes?

Answer: Please refer to section L.9.

63. Question: Technical Proposal Instructions - Can vendors use 10-point font for tables and graphics?

Answer: Yes, Offerors can use 10-point font for tables and graphics.

64. Question: Technical Proposal Instructions - Section C includes four task areas. However, the technical proposal instructions (Section L.9, page 86) require offerors to write a technical approach based on the sample task order, which only contains two tasks - Investigation Support (Task 2) and Administrative Support (Task 4). Can the government confirm that the Technical Approach section should only include a response to the tasks included in the sample task order?

Answer: For Technical Factor 2, offerors should address the Sample Task Order and only the Sample Task Order.

65. Question: J.4 Task Order 1 - Can the government please confirm that it intends to award the sample task order as the first task order?

Answer: The Government anticipates that that the first task order will mirror the sample task order; however, that is subject to change.

66. Question: J.5 Pricing Scenario - The pricing scenario does not include any hours for a Project Manager. Does the government anticipate that offerors will provide a billable Project Manager or should offerors include the price of a project manager as part of the overall price list in the pricing scenario?

Answer: Yes, the Pricing scenario has been revised.

67. Question: J.5 Pricing Scenario - The tables in the pricing scenario have many different hours (e.g., 2040, 2080). What should offerors use as the number of hours for a full-time equivalent (FTE) employee?

68. Question: Page 1, Description - The associated North American Industrial Classification System (NAICS) code for this procurement is 541611, with a small business size standard of $24.5 million. Can a subcontractor with a size standard of more than $24.5 M take part in this solicitation?

Answer: The Government refers you to RFP Section L.5 and clauses, incorporated by reference, 52.219-14, Limitations on Subcontracting (OCT 2022), and 52.219-8, Utilization of Small Business Concerns (OCT 2022).

69. Questions: Pages 2 -4, B.5 Contract Line-Item Pricing (IDIQ) – Under the said section, there are a few positions (Senior Advisor, Senior Analyst, Senior Analyst (Outreach Function), Management Analyst (Outreach Function), and Management Analyst (Outreach)) for which estimated hours are 240 hours per year.

a. We request the Government to clarify if there is a possibility of increasing the number of working hours during the contract period.

Answer: The hours are provided for budgeting and evaluation purposes. Actual hours ordered will be determined at the task order level.

b. How 240 working hours for the whole year will be distributed (will it be a continuous engagement of 240 hours or as-on needed basis)?

Answer: A total estimate of hours is provided for budgeting and evaluation purposes. The Government will not provide further information.

c. What will be the nature of these positions i.e. Full time or Part time?

Answer:

70. Question: Page 86, FACTOR 3 - Qualifications of Personnel (Sample Task Order) - The Offeror’s proposal shall provide resumes regarding the key personnel who would be assigned to the project (including any proposed consultants and subcontractors).

Do we need to propose a contract management team (who will be managing this contract) and include their resumes, as Section H.2 Key Personnel, page #40 suggests that there is no key personnel defined by the Government? If not, please share the position and job description for the key personnel role.

Answer: The Government expects the Offerors to provide a Program Manager to manage their staff. This is a consulting services contract, and the Government does not manage contractors. Therefore, the Government has limited the requirements for the position to those in the criterion, the offeror should determine the qualifications necessary to manage a contract of this size and scope and propose accordingly.

71. Question: Page 86, FACTOR 3 - Qualifications of Personnel (Sample Task Order) - The proposed non-Key personnel shall have 2 years of professional experience and familiarity with the following topical areas of civil rights protections, health information privacy and security, and conscience protection and religious freedom) and the technical requirements.

Do we need to propose candidate names for positions identified in Attachment J5 Pricing Scenario? i.e.

Senior Advisor Senior Analyst Statistician/Economist Management Analyst, Program III Management Analyst, Program II

Management Analyst, Program I HIPAA Subject Matter Experts/Technical Analyst Senior Analyst, Outreach Function Management Analyst, Outreach Function Management Analyst, Outreach Administrative Assistant II Administrative Assistant I Answer: This factor has been revised.

72. Questions: a. Could you clarify whether this acquisition represents a new requirement or not? If it is not a new requirement, we kindly request the Government to confirm whether there is currently any incumbent providing support for this acquisition.

Answer: Please see question 10.

b. If yes, could you kindly let us know the name of the incumbent and the corresponding dollar amount of their contract for both the Annual and Lifecycle value?

Answer: Please see question 10. The Government will not provide any additional information.

c. Are there any differences in the level of effort for this contract versus that of the incumbent contract?

Answer: The Government will not release this information.

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