SEAM II Pre-proposal Conference Charts.pdf

Welcome to the Johnson Space Center

Specialized Engineering Aeronautics and Manufacturing II (SEAM II) – 80JSC020R0045

Pre-proposal Conference

September 9, 2020 Virtual via Microsoft Teams

2:00 – 4:00pm CST

Welcoming Remarks

Benjamin K. Hewett SEAM II Chair

Opening Remarks

Charles Bell, Operations Support Procurement

Office Manager

Agenda

Topic Presenter

Welcome and General Information Benjamin K. Hewett

Opening Remarks Charles Bell

Orientation and Procurement Overview Roger M. Roberts

Organization, Vision, and Objectives Benjamin K. Hewett

SEAM II Contract Overview Darrell R. Compton Labor Relations Overview Jalisa Sims

Safety and Health Programs Daniel Clem

SLPT Pricing Process Roger Roberts

10-Minute Break

Q&A, Schedule, and Closing Remarks Roger M. Roberts

Orientation and Procurement Overview

Roger M. Roberts Contracting Officer

Disclaimer (Orientation)

• These slides are not to be interpreted as a comprehensive description of the procurement strategy or requirements in the RFP.

• To the extent there are any inconsistencies between this briefing and the RFP, the RFP will govern.

Purpose of Preproposal Conference

• The purpose of this Preproposal Conference is to help industry understand the Government’s requirements

• Questions:

Verbal questions will not be entertained during the conference.

However, Offerors may ask written questions within the Microsoft Teams chat feature during the conference or ask questions during the question and answer period at the conclusion of the presentation. The Government will provide verbal responses to questions during the question and answer periods throughout the presentation.

Official responses to written questions received by the Contracting Officer will be posted to https://beta.sam.gov/

The deadline for submitting questions regarding the RFP or this conference is September 16, 2020 https://beta.sam.gov/

Source Selection Authority and Acquisition Team Members

• Source Selection Authority Charles Bell, Operations Support Procurement

Office Manager, Johnson Space Center

• Acquisition Team Benjamin Hewett, Streamlined Procurement Team (SLPT)

Chairperson (Voting Member) Darrell R. Compton (Voting Member) David McMahon (Voting Member) Steven Riley (Voting Member)

Roger M. Roberts, Contracting Officer

Points of Contact

• Contract Specialist:

Darrell R. Compton Darrell.r.compton@nasa.gov

• Contracting Officer:

Roger M. Roberts Roger.m.roberts@nasa.gov

• SEAM II web address:

Specialized, Engineering, Aeronautics, and Manufacturing (SEAM) II Solicitation

• Send questions to the Contracting Officer.

mailto:Darrell.r.compton@nasa.gov mailto:Roger.m.roberts@nasa.gov https://beta.sam.gov/opp/b582b2126eab45d2bfeb0aab1ac24be5/view?keywords=%22SEAM%20II%22&sort=-relevance&index=&is_active=true&page=1

Office of Small Business Programs-JSC Contact Information

• Main phone number:

(281) 483-4512

• Robert Watts Lead-Small Business Specialist

• Richard Slater Small Business Specialist

• Monica Craft Small Business Specialist

• All emails should be sent to:

• jsc-smallbusiness@mail.nasa.gov

• Location:

Building 1, Suite 453

• Address:

NASA Johnson Space Center, Office of Small Business Programs-JSC Mail Code: BA 2101 NASA Parkway Houston, TX 77058-3696

Ombudsman

Ombudsman (NFS 1852.215-84): “…before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the Contracting Officer for resolution … If resolution cannot be made by the Contracting Officer, interested parties may contact the installation ombudsman whose name, address, telephone number, and email address may be found at:

https://www.hq.nasa.gov/office/procurement/regs/Procureme nt-Ombuds-Comp-Advocate-Listing.pdf https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-Advocate-Listing.pdf

Current Contract Overview

• Contract Number: NNJ17RN01B

• Prime Contractor: American Systems

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Category: C: Aero Avionics, Electrical, and Software

• Skills currently provided on contract include:

Aircraft Support Engineering Services Avionics integration Payload electrical interface design Software design and integration Electrical load analysis Circuit analysis Flight Testing Support Ground testing Support Bench Testing Design & Support Aircraft Quality Assurance Support

• Contract Number: NNJ17RN02B

• Prime Contractor: ATA Engineering

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Category: A: Aero Structural Engineering Analysis

• Skills currently provided on contract include:

Aircraft Support Engineering Services Aircraft and aircraft systems flight testing and support Vibroacoustics Thermal analysis Mechanism/Nonlinear Dynamic Analysis Vibration testing Flight Testing Support Ground testing Support Bench Testing Design & Support

• Contract Number: NNJ17RN03B

• Prime Contractor: Bastion Technologies

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Categories: D: Ground Support Engineering Services E: Fabrication and Provisioning:

• Skills currently provided on contract include:

Mockup and Trainer Support Engineering Services Electrical systems design and integration Mechanical system design Software design and integration Structural Load Testing Electrical and electronics fabrication and assembly General fabrication and assembly Hazard Analysis preparation and review

• Contract Number: NNJ17RN04B

• Prime Contractor: Engineering & Software System Solutions (ES3)

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Categories: B: Aero Mechanical Systems E: Aero Avionics, Electrical, and Software

• Skills currently provided on contract include:

Aircraft Support Engineering Services Structural and Dynamic Analysis Mechanism analysis Propulsion systems Flight Testing Support Ground Testing Support Bench Testing Design & Support Avionics integration Software design and integration Vibration testing

• Contract Number: NNJ17RN05B

• Prime Contractor: FMS Aero

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Category: A: Aero Structural Engineering Analysis:

• Skills currently provided on contract include:

Aircraft Support Engineering Services Aircraft and aircraft systems flight testing and support Vibroacoustics Thermal analysis Mechanism/Nonlinear Dynamic Analysis Vibration testing Flight Testing Support Ground testing Support Bench Testing Design & Support

• Contract Number: NNJ17RN06B

• Prime Contractor: Oceaneering

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Category: D Ground Support Engineering

• Skills currently provided on contract include:

Mockup and Trainer Support Engineering Services Electrical systems design and integration Mechanical system design Software design and integration Structural Load Testing Electrical and electronics fabrication and assembly General fabrication and assembly Electrical and Electronics Systems component and integrated systems testing

• Contract Number: NNJ17RN07B

• Prime Contractor: Rothe

• Contract Type: Firm Fixed Price (FFP)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Category: D: Fabrication and Provisioning

• Skills currently provided on contract include:

Machining Welding Labeling Electrical and electronics fabrication and assembly General fabrication and assembly Quality assurance Weld inspections Redlined drawings Load Testing Material testing including but not limited to Chemical analysis, strength of materials, electron microscopy, fastener testing and hardness testing Acceptance testing of hardware for function and adherence to specification Documentation: reports, inspections, certifications, etc. as required

• Contract Number: NNJ17RN08B

• Prime Contractor: Southern Research Institute (SRI)

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Category: C: Aero Avionics, Electrical, and Software:

• Skills currently provided on contract include:

Aircraft Support Engineering Services Avionics integration Payload electrical interface design Software design and integration Electrical load analysis Circuit analysis Flight Testing Support Ground testing Support Bench Testing Design & Support

• Contract Number: NNJ17RN09B

• Prime Contractor: ZIN Technologies

• Contract Type: Firm Fixed Price (FFP) & Time & Material (T&M)

• Period of Performance: July 1, 2016 – June 30, 2021

• Task Categories: D: Ground Support Engineering Services E: Fabrication and Provisioning

• Skills currently provided on contract include:

Mockup and Trainer Support Engineering Services Electrical systems design and integration Mechanical system design Software design and integration Structural Load Testing Electrical and electronics fabrication and assembly General fabrication and assembly Hazard Analysis preparation and review

Organization, Vision, and Objectives

Benjamin K. Hewett Streamlined Procurement Team (SLPT)

Chairperson

The National Aeronautics and Space Administration (NASA) Johnson Space Center (JSC) Flight Operations Directorate (FOD) is competing a multi-award Indefinite- Delivery Indefinite-Quantity (IDIQ) contract to enable completion of projects and specialized engineering activities in support of FOD operations, facilities, and aircrafts.

• Flexible contract mechanism

• Maintain competition at the task order level

• Provide for specialized engineering services when required

Objectives of SEAM II Procurement

Neutral Buoyancy Laboratory (NBL)

Space Vehicle Mock-up Facility

(SVMF)

Ellington Field

FOD Organization Chart

SEAM II Contract Overview

Darrell R. Compton SEAM II Team Member

Statement of Work (SOW)

• The SOW, Section C, is composed of 7 sections, which outlines the following:

1. Introduction

2. Scope

3. Overall Requirements

4. Task Category A: Aero Structural Engineering and Analysis

5. Task Category B: Aero Mechanical Systems

6. Task Category C: Aero Avionics, Electrical, and Software

7. Task Category D: Ground Support Engineering Services

• Significant Updates:

Task Category D and E requirements have been combined into a newly formed Task Category D on the SEAM II contract

Anticipated DRDs

• J.2.1 Safety and Health Plan (After Award)

• J.2.2 Information Technology (IT) Security

Management Plan (After Award)

• J.2.3 Task Order Status Report (After Award)

• J.2.4 Monthly Cost Report (After Award)

• J.2.5 Organizational Conflict of Interest (With Proposal)

• J.2.6 Property Management Plan (After Award)

• J.2.7 Reports Required for Logistics (After Award)

General Information

• The RFP and amendments take precedence over the information presented during the pre-proposal conference.

• The SEAM II acquisition will be conducted as a partial small business set-aside with four distinct Task Categories

1. Task Category A: Aero Structural Engineering and Analysis (small business set-aside)

2. Task Category B: Aero Mechanical Systems (small business set-aside)

3. Task Category C: Aero Avionics, Electrical, and Software (full and open)

Target Small Business – 9.0 percent Target Small Disadvantaged Business – 0.5 percent Women-owned Small Business – 1.0 percent HUBZone – 1.0 percent Service Disabled Veteran Owned Small Business – 0.5 percent

4. Task Category D: Ground Support Engineering Services (small business set-aside)

• SEAM II has been assigned the North American Industry Classification System (NAICS) code 541715, Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology), with a Small Business Administration-designated small business size standard of 1,000 employees.

• Period of Performance:

−Phase-In Period: Not applicable −Period of Performance: 7/1/2021 to 6/30/2026

General Information: Contract Type

• Type of Contract: Multiple-Award with Indefinite-Delivery/Indefinite- Quality (IDIQ) Firm-Fixed-Price (FFP) and Time-and Materials (T&M) Task Orders.

Task Orders issued shall be priced using the established prices in B.6

HOURLY RATES AND TASK ORDER CEILING PRICE – FIRM-

FIXED-PRICE (FFP) and B.7 HOURLY RATES AND TASK ORDER

CEILING PRICE – TIME-AND-MATERIALS (T&M).

B.5 IDIQ Minimum and Maximum Ordering Limits – Minimum Contract Total - $5,000, NTE Maximum Contract Total - $9,500,000 (all contracts combined).

The Task Order Procedure is described in Clause I.151, 1852.216-80, Task Ordering Procedure.

• Offerors are not required to propose to all Task Categories, but may propose to one or more Task Categories for which they are capable of performing the work.

• Only one proposal per Offeror will be accepted. This proposal shall include Past Performance and Price Volumes for each proposed Task Category as described in Section L.

• The Government anticipates one award for Task Categories A, B, and C. The Government anticipates at least two awards for Task Category D. Please note the Government may award to none, one, some, or all offerors.

• Task Orders will be competed within Task Categories After contract award, the Government does not intend to compete task orders across multiple task categories

Clauses and Provisions

• When reading the RFP, note that:

Important information is contained in the SF1447 and the numerous clauses and provisions that have been incorporated, via full text and/or referenced text, throughout the document

Clauses incorporated by reference have the same force and effect as if they were included in their full text

Section J includes documents, exhibits, and other attachments For example, Wage Determination Data; Data Requirement

Descriptions (DRD); and Applicable Documents List

System for Award Management (SAM)

• The Beta System for Award Management (beta SAM) is a Federal Government owned and operated free web site that collects data from suppliers, validates and stores this data, and disseminates it to various government acquisition agencies.

• The beta.SAM.gov website is located at: https://beta.sam.gov/

• You are required to create an account in beta.SAM.

• Verify that your information in this database is current.

https://beta.sam.gov/

Subcontractor Arrangement Information

• If a subcontracting arrangement is proposed, Offerors shall include specific detail as defined in the RFP ‘Provision L31.3 Responsibility Considerations – Volume III, paragraph g” so that the Government can determine that the prime contractor making the offer will be performing the primary and vital requirements for the contract.

• The Small Business Administration’s new regulation changes the definition of a joint venture to exclude populated joint ventures.

Joint Ventures are defined in 13 C.F.R. 121.103(h).

• All parties to the Joint Venture must sign the Model Contract.

Discussions

• The Offeror’s initial proposal should contain the best terms from a price and technical standpoint

• The Government preference is to award without discussions, however, the Government reserves the right to conduct discussions with those Offerors who have made it to competitive range

• Discussions, if held, will only be held with the most highly rated Offerors

• If discussions are held, the Offeror will:

Have the opportunity to address potentially acceptable items and;

Be requested to resubmit the SF1447 with Final Proposal Revisions

(FPR) which will include clearly marked changes.

Proposal Formatting

• Instructions for proposal arrangement, page limitations, copies and the due date are specified in L22. 1852.215-81 PROPOSAL PAGE LIMITATIONS and L. L30.2. PROPOSAL ARRANGEMENT, PAGE LIMITATIONS, COPIES, AND DUE DATES.

Offerors shall submit their proposals in accordance with those instructions.

Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the offeror.

Minor informalities or irregularities in a proposal that can be adjusted, corrected, or waived without being prejudicial to other offerors may be accepted if it is immaterial to the acquisition.

However, any pages contained in a page limited section of your proposal which do not comply with the RFP requirements may be returned by the Government and not evaluated.

Proposal Formatting, Continued

• Pay close attention to ensure that the number of pages, page margins, font type, font size, and page size are in conformance to Section L.30.2.

• Return the entire model contract, not just the pages with the fill-ins.

The model contract becomes the actual contract and so it must be complete and correct.

• Please note page limitations.

Some volumes/sections are subject to a page limitation and others are not.

In the Past Performance Volume, the Past Performance

Information is subject to the page limit of 6 pages per task category, but the Environmental Non-Compliance, OSHA Forms 300 and 300A, Insurance Carrier Information, and Consent Letter are not subject to the page limitation.

Proposal information must be provided in the correct volume.

Proposal information in a page-limited volume or section should not be moved to another volume/section without such page limitations.

• Having non-conforming pages returned may affect the government’s evaluation of a proposal, and how this proposal is ultimately rated.

• Volume I – Past Performance Factor

• Volume II – Price Factor

Completed pricing templates and narrative description of proposed prices for each Task Category being proposed for both FFP and TM.

• Volume III – Responsibility Considerations One per proposal, regardless of the number of Task Categories proposed

• Volume IV – Model Contract One per proposal, regardless of the number of Task Categories proposed

SF1447

Contract Clauses (including fill-ins required in Sections B through I) Section J – Attachments Section K - Representations and Certifications

Anticipated Proposal Outline

• Offerors and major subcontractor(s) shall complete Attachment L.32.1 (Relevant Past Performance Matrix) for each Task Category proposed.

A subcontractor is considered major if they are proposed to provide three or more critical capabilities in a single task category under SEAM II.

• Critical Capabilities Matrix A set of critical capabilities has been identified for each Task Category and is listed in the Critical Capability Matrix. Past Performance should focus on experience with these critical capabilities. The broader scope of capabilities identified in Section C, Statement of Work, may also be addressed.

• For each critical capability in the matrix, Offerors are allowed to list up to three relevant tasks.

It is important to note that a single task can provide past performance in multiple capabilities.

A single past performance reference contract can include multiple relevant tasks

Past Performance – Volume I (L.31.1)

• References & Past Performance Questionnaires For prime and major subcontractors for contracts listed in Critical

Capabilities Matrix No more than ten references per Task Category, 1 reference table per proposal

• Narrative

One narrative per Task Category proposed

• Other Past Performance Data

Provide other data as listed in Section L.31.1 once per proposal

• Verification of Facility Security Clearance at the SECRET level:

Performance under this contract for Task Categories A-C will involve access to and/or generation of classified information, work in a security area, or both, up to the level of Secret.

To provide evidence of a Secret clearance, offerors must possess a Facility (Security) Clearance (FCL) at the SECRET level at the time of proposal. Further, Offerors must provide documentation of current FCL with proposal.

If an offeror fails to provide evidence of an FCL with any proposal associated with Task Categories A-C, the proposal will be considered unacceptable. All unacceptable proposals will be eliminated from further evaluation.

• All Responsibility Requirements are per proposal

• Responsibility Information

Offerors may provide any additional information, not already addressed under another proposal volume, that is considered to be necessary to demonstrate status as a responsible Offeror under FAR 9.104, Standards.

• Small Business Subcontracting Plan Overall recommended Small Business Goal is 9%

• Subcontractor Arrangement Information If a subcontracting arrangement is proposed, Offerors shall include specific details as defined in the RFP Section L.31.3 (A) Small Business Utilization so that the Government can determine that the prime contractor making the offer will be performing the primary and vital requirements for the contract.

Responsibility Considerations – Volume III (L.31.3)

• Organizational Conflict of Interest (OCI) Information In accordance with FAR Subpart 9.5, Organizational and

Consultant Conflicts of Interest, the Offeror and proposal will be reviewed for existing and potential OCI issues in relation to this procurement. These conflicts may be present for existing JSC Contractors who could have insight to NASA project requirements. The Contractor shall submit the information required by the OCI Plan DRD J.2.5.

Volume III (L.31.3)

Volume III (L.31.3)

• Total Compensation Plan

• The Offeror shall address the fringe benefits and leave programs for proposed employees. Utilize the FBAC template to fulfill this requirement. If the template does not address all of the Offeror’s fringe benefit and/or leave programs, the Offeror shall provide a description of those fringe benefits and/or leave programs in narrative form. The Offeror shall also state the policies on seniority for benefits with regards to employees. For example, with regard to leave and retire programs, from what date is seniority calculated- the date of hire, service on the prior NASA contract, or service on all prior NASA contracts?

This information, along with the salary/wage information provided in the templates and narrative, will serve as the Total Compensation Plan that is required in FAR 52.222-46 “Evaluation of Compensation For Professional Employees.” The data/information provided will be incorporated into the contract as an Attachment in L.32.6 (Price Templates) as the Total Compensation Plan.

Model Contract

• The Model Contract consists of Sections A-K of the RFP.

The Evaluation Criteria, and Instructions are used for selection purposes only.

• The Offerors will submit a signed Model Contract with their proposal.

The Model Contract becomes the actual contract and so it must be complete and correct.

The Model Contract must be signed by a person authorized to commit the Offeror.

All pages must be returned – not just the pages with the fill-ins.

• The Contracting Officer will sign the Model Contract of the Successful Offeror once all issues are resolved and the selection decision is made.

• Errors or inconsistencies in the Model Contract (that cannot be resolved) may result in an Offeror being removed from consideration for award.

• The Model Contract takes precedence over the proposal.

Special Consideration

• Technical Library Contains specific reference documents.

Will includes several sample task orders for Task Category D.

These are for reference for standards and scope, not intended to be future specific Task Orders.

• NOTE TO PROSPECTIVE OFFERORS:

Prospective Offerors are reminded not to contact incumbent personnel (either directly or through electronic means) during duty hours or at their place of employment, as such contacts are disruptive to the performance of the current contract.

Large File Transfer

• The Offeror shall submit their proposal via NASA’s secure Large File Transfer (LFT) in accordance with L.25.

Electronic submissions shall not contain hidden formulas, tables, be locked, be protected or contain links to data not included in the electronic copy.

All electronic submissions must be searchable and shall not contain scanned documents.

It is the Offeror’s responsibility to ensure documents are free from virus and malware, as those type of documents will not be opened or evaluated.

• Offerors interested in submitting a proposal in response to this RFP shall request a LFT invitation email from Roger M. Roberts at the following email address: roger.m.roberts@nasa.gov.

Offerors must courtesy copy (cc) Darrell Compton at darrell.r.compton@nasa.gov to ensure requests are accommodated timely.

• Email invitations with LFT links expire in 168 hours.

All Offerors must submit their request for an LFT invitation to the aforementioned emails, no later than 1500 CDT on October 1, 2020.

The Government anticipates responding with an invitation to use LFT on October 8, 2020.

Large File Transfer

• Upon receipt, an offeror’s representative must click the link in the email to access the LFT website and register for an account.

The offeror’s representative will create his/her own password.

• Offerors are responsible for ensuring their proposal reaches the Government office designated in the solicitation by the time specified in the solicitation.

• Failure to submit a complete electronic proposal by the due date and time specified in the RFP will result in the proposal being considered late and will be handled in accordance with FAR 15.208(b).

• The Government is not responsible for any failure attributable to the transmission or receipt of documents submitted using electronic means.

Labor Relations Guidelines for Responding to Labor

Relations Requirements in the Request for Proposal (RFP)

Jalisa Sims JSC Center Industrial Labor Relations

Officer

Service Wage Determination (WD)

• The following Service WD is applicable to the RFP:

WD 2015-5233, Revision 15

• The WD applies to all non-exempt labor categories, and sets forth the minimum labor rates, health and welfare benefits, vacation/holiday leave and sick leave for these categories.

• Per employee fixed cost fringe benefit requirement computed on the basis of “all hours paid for” by service employees on the contract.

The term “all hours paid for” includes up to 40 hours per workweek and 2,080 hours per year for each employee;

includes paid leave hours, such as for vacations, holidays, or sick leave.

The Health and Welfare benefit is currently $4.22 an hour.

WD Responsibilities

• Offeror responsibilities include the following:

Proposing exempt and non-exempt labor categories, based upon their own unique staffing approach.

29 CFR 541 defines exempt and non-exempt employees.

For service non-exempt employees:

Mapping the non-exempt labor categories to an appropriate category in the WD.

The SCA Directory of Occupations includes a detailed listing of each labor category listed in the wage determination.

Proposing at least the minimum labor rates for the mapped categories as stated in the WD.

Proposing at least the minimum health and welfare, vacation, sick leave, and holiday benefits that are stated in the WD.

Reviewing the Department of Labor (DOL) Wage and Hour

Division, Prevailing Wage Resource Book to comply with contractual labor statues and regulations.

What is a “bona fide” fringe benefit?

• The primary purpose of the plan must be to provide systematically for the payment of benefits to employees on account of death, disability, advanced age, retirement, illness, medical expenses, hospitalization, supplemental unemployment benefits, and the like. [29 C.F.R. § 4.171 (a)]

• Examples include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by Federal, State, or local law to be provided by the contractor or subcontractor. [29 C.F.R. § 4.162]

• The fringe benefits required under the SCA must be furnished, separately from and in addition to the specified monetary wages, by the contractor/subcontractor to the employees engaged in the performance of a covered contract. [29 C.F.R. § 4.170]

• A contractor must keep appropriate records separately showing amounts paid for wages and amounts paid for fringe benefits. 29 [C.F.R. § 4.170]

What is Not a Bona Fide Fringe Benefit?

[29 C.F.R. § 4.171 (c)- (f)]

Unemployment compensation

Social Security

Relocation Expenses

Any benefit required by federal, state, or local law

Workers’ Compensation

Travel and Transportation

Recruitment Bonuses & Paid Coffee

Breaks

Incentive or Suggestion

Awards

Social Functions or Parties for Birthdays, Anniversaries, etc.

FAR 52.222-62, “Paid Sick Leave Under Executive Order 13706”

• This clause, dated January 2017 must be read in depth.

• This clause to all individuals performing work under the contract subject to FAR 52.222-41 or the Fair Labor Standards Act, i.e. non-exempt employees.

• The Contractor shall permit each exempt and non-exempt employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked, up to 56 hours of paid leave each year.

• The paid sick leave required by this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute, i.e. Health and Welfare benefit, vacation and holiday leave.

• Paid Sick Leave for Employees Working Under Certain Federal Contracts https://youtu.be/Zq8o0XSqFGc

Labor Relations Points of Contact

Name Title Point of Contact Information

Jalisa Sims JSC Center Industrial Relations Officer

Jalisa.C.Sims@nasa.gov

Diana DeNardo JSC Center Industrial Relations Officer diana.denardo-1@nasa.gov

References

Reference Location FAR Part 22, Application of Labor Laws to Government Acquisitions https://acquisition.gov/content/part-22-application-labor-laws-government-acquisitions

NASA FAR Supplement Part 22, Application of Labor Laws to Government Acquisitions https://www.hq.nasa.gov/office/procurement/regs/N FS.pdf

FAR 52.222-41, Service Contract Labor Standards https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41

Department of Labor, Wage and Hour Division, Prevailing Wages Resources https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/resources

Department of Labor Directory of Occupations https://www.dol.gov/whd/regs/compliance/wage/SC ADirV5/SCADirectVers5.pdf (Scroll down the page to see the Directory) https://acquisition.gov/content/part-22-application-labor-laws-government-acquisitions https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/resources https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

Labor Relations Questions and Answers

Safety & Health Programs Guidelines for responding to Safety

Requirements in the Request for Proposal

(RFP)

Daniel Clem Safety and Test Operations Division

• NASA safety objective is to avoid loss of life, personal injury and illness, property loss or damage, environmental harm resulting from any of its activities and to ensure safe and healthy conditions for persons working at or visiting NASA facilities

• NASA shall comply with all applicable regulations NASA Safety & Health requirements Requirements of those Federal agencies with regulatory authority over NASA such as OSHA, EPA, and DOT

• NASA requires every employee to report workplace hazards NASA ensures that there is no reprisal to personnel for reporting unsafe or unhealthy conditions

Overview of the NASA Safety Program

• The NASA Safety Policy stresses the individual responsibility of each employee for their own safety and that of their co-worker. Risk within the work environment must be managed to control hazards, and we continuously improve workplace conditions

• OSHA has recognized JSC, EF and SCTF as leaders in health and safety by awarding the “Star” designation level of achievement in the Voluntary Protection Program (VPP)

• As a VPP Star, JSC has a comprehensive and successful safety and health program, is below the national average for the industry in injury/illness rates, has demonstrated good faith in dealing with OSHA, and serves as a safety & health mentor

Overview of the NASA Safety Program

• All contractors performing work at JSC shall comply with all applicable safety and health regulations

• Every contractor shall have a designated safety official and shall conform to a written safety and health plan

• Safety and health approach shall follow OSHA, JSC and VPP guidelines

• Failure to comply with safety and health requirements may result in one or more of the following - contract termination, lower fee, and exclusion from future contract awards Excellent safety and health performance will be recognized in contract evaluations.

What Would Be Expected of You at JSC

• Submit the following safety and health data with the proposal Statement regarding past OSHA and EPA citations and corrective actions taken to prevent recurrence Records of OSHA recordable injuries (OSHA 300 and 300A logs and calculated frequency rates) Insurance carrier information - including Experience Modifier

Rates (EMR) Note:

The SEAM II acquisition has been evaluated to be a MEDIUM RISK effort. The Safety & Health Plan is NOT required with the initial proposal. The full Safety & Health Plan SHALL be required (and approved) 30 days after contract award.

The Safety & Health Plan includes detailed discussion of the policies, procedures, and techniques that will be used to ensure the safety and occupational health of your employees and to ensure safe working conditions throughout the performance of the contract.

The Safety and Health Deliverables

Based on 4 Basic VPP elements defined by OSHA

A Successful Safety Program Model

Worksite Analysis Hazard Prevention and Control

Management Leadership Employee Involvement

Safety and Health Training

• Management Leadership and Employee Participation Policy, Goals and Objectives Management Leadership and Employee Participation Program Evaluation

Worksite Analysis Hazard Identification Inspections Employee Reports of Hazards Mishap Investigation

Hazard Prevention and Control controls for the hazardous conditions associated with this contract Medical (Occupational Healthcare) Program Emergency Preparedness

Safety and Health Training Program Description Tailor training toward specific audiences, to include emergencies

The Safety and Health Plan

Pay special attention to the miscellaneous reports contained in the body of the Safety & Health Plan DRD under Other Deliverables – building fire warden roster; hazardous materials inventory; roster of terminated employees; material safety data sheets; OSHA logs;

program self evaluation. This affects cost.

Tailor your plan to what you will do on the contract

Review the requirements provided in JSC Safety and Health Handbook (JPR 1700.1) http://jschandbook.jsc.nasa.gov and describe how you will incorporate JSC requirements into your Safety & Health Program

For the good of your employees and your business, take safety seriously and proactively plan to PREVENT injuries.

Recommendations http://jschandbook.jsc.nasa.gov/

Safety & Health Questions and Answers

Guidelines for responding to Pricing Requirements in the Request for Proposal

(RFP)

Roger Roberts Contracting Officer

Agenda

SLPT Pricing Process

Specified Resources (SR)

Workbook Templates Overview

Common Price Volume Errors

The SLPT Pricing Process

What does the SLPT do with your price proposal?

• Read all narrative portions of Price Volume

• Validate all Offerors’ Pricing Workbook Templates

• Perform Price Analysis [including Fully Burdened Rates (FBRs)] for each

Task Category being proposed.

• Identify Risks, where applicable

Errors/Reconciliations – identify instances in which price may have been calculated incorrectly

Direct Labor, Escalation, Indirect Rates and Profit Rates

Examples of risks that could be identified by the SLPT:

• Error/Reconciliations

Math, linking or formula error

The SLPT Pricing Process (Continued)

EXAMPLES OF RISKS (Continued):

• Direct Labor Rates Incorrect or outdated Department of Labor (DOL) wage determination for non-exempt labor categories Inappropriate labor market surveys and indices, if applicable

• Labor Escalation Rates Inconsistencies between the templates and the narrative

• Indirect Rates Insufficient information on the forecasts and assumptions used (cost pool and base of application) for each proposed indirect rate, if no Forward Pricing Rate Agreement (FPRA) is in effect

The SLPT Pricing Process (Continued)

EXAMPLES OF RISKS (Continued):

• Profit Rates Not sufficient to address potential contract performance issues

• Price proposal narrative lacks detailed description and support for proposed Price(s)

Specified Resources (SR)

What are Specified Resources (SR)?

• Specified Resources (Labor Hours and Non-Labor Costs) for each Contract Year are provided in the Excel Pricing Model (EPM) (TOPT-SR) Templates for Each Task Category (A-D), See RFP Attachment L.32.6 Price Templates D

• SR Hours assigned to each NASA Standard Labor Category (SLC) indicates anticipated labor distribution for typical projects in that Task Category

• SR Hours and Non-Labor Resources (NLR) Costs reflect relative sizing for each Task Category

• Do not reflect actual estimates of expected Task Orders

• Offerors shall not change these Government provided SR Hours for any NASA SLC or NLR Costs per Contract Year

Specified Resources (SR)

What are Specified Resources (SR)?- Continued •For Government’s use in the Evaluation of Proposed Rates for each Task Category:

Fully Burdened Rates (FBRs) per NASA SLC per Contract Year Indirect Rates Applied to NLRs per Contract Year

NOTE: Offerors shall propose FBRs for all NASA SLCs listed in Section B and in the TOPT-SR-Task A through D Templates, for each Task Category they are proposing.

Workbook Templates

• Price Templates D (Prime only)

TOPT – SR (Task A) - Task Order Pricing Template – Specified Resources (Task Category A)

TOPT – SR (Task B) – Task Order Pricing Template –Specified Resources (Task Category B)

TOPT – SR (Task C) – Task Order Pricing Template –Specified Resources (Task Category C)

TOPT – SR (Task D) – Task Order Pricing Template –Specified Resources (Task Category D)

Fully Burdened Rates Template

Fringe Benefit Analysis of Compensation Plan

• Proposals with omissions:

Lack of narrative supporting rationale Detailed description on Overhead, G&A and Other Indirect

Rates for future years not provided in the proposal narrative and missing data for prior three years

• Failure to follow template instructions:

Fully Burdened Rates (FBRs) in price proposal do not match proposed Section B rates (Very, very common) Fully Burdened Labor Rates placed where Straight Time Direct

Labor Rates are Required Placing hard numbers instead of formulas/links where appropriate

• Narrative Basis of Proposed Price Estimate are not:

Specific Clear Detailed

• Each non-exempt labor category should be mapped to a corresponding category in the wage determination.

(Continued)

10 Minute Break

Q&A, Schedule, and Closing Remarks

Release RFP Wednesday, September 2, 2020

Pre-proposal conference Wednesday, September 9, 2020

Questions Due to Final RFP Wednesday, September 16, 2020

Proposals Due Thursday, October 22, 2020

Contract Award Date Wednesday, February 10, 2021

Contract Effective Date Thursday, July 1, 2021

Conclusion

This concludes the Johnson Space Center Preproposal Conference for the

80JSC020R0045

Specialized Engineering Aeronautics and Manufacturing II (SEAM II) Solicitation