Final RFP QAs 22 Feb 2022.pdf

As of February 22, 2022

Final RFP Questions (Solicitation 80LARC22R0016)

Q1: Section L.18.(d) indicates that the contract references submitted for past performance must have been completed within the past (5) years. That removes the ability to submit work performed on the very relevant IAD predecessor contracts (NNL12AA02B, NNL12AA03B, NNL12AA04B) which were awarded by NASA in 2012. Would the government extend that time period to the past (10) years so that any work performed on the predecessor IAD contracts could be included as a past performance example?

Response: Based on industry input and consistent with the evaluation criteria, we are extending the contract references that are on-going or completed from five (5) years to ten (10) years from the date of RFP issuance (L.18(d)). This information has been revised in RFP Amendment 1.

Q2: Is it acceptable to have a company that is located in a friendly foreign country as a significant subcontractor on this effort?

Response: NASA’s policy is to only conduct research with foreign entities on a cooperative, no-exchange-of-funds basis (see NPD 1360.2B, Initiation and Development of International Cooperation in Space and Aeronautics Programs); therefore, foreign entities would not be eligible for this procurement.

Additionally, NASA funding may not be used for subcontracted foreign research efforts. The direct purchase of supplies and/or services, which do not constitute research, from non-U.S.

sources by U.S. award recipients is permitted. For contracts, NASA policy on research with foreign organizations is covered in paragraph (l) Additional Guidelines Applicable to Foreign Proposals and Proposals Including Foreign Participation of NFS provision 1852.235-72, Instructions for Responding to NASA Research Announcements (https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

NFS 1835.016-70(a)(3) NASA funding may not be used for subcontracted foreign research efforts. The direct purchase of supplies and/or services, which do not constitute research, from non-U.S. sources by U.S. award recipients is permitted

Q3. Do we need to submit a separate cost volume and separate business volumes if I were to submit a proposal for more than 1 track?

Response: Yes, separate cost and business volumes are required per track (see Section L.15, Table L-1).

This information has been clarified in RFP Amendment 1.

Q4. What is the definition of a subcontractor for the IDIQ? And what is the difference between a subcontractor and a supplier/vendor?

A supplier/vendor provides supplies and services that are customarily offered to the public by vendors of supplies or services that meets the definition of “commercial products and commercial services” set forth in FAR 2.101.

For the purposes of the solicitation, a subcontractor means any supplier, distributor, vendor, or firm that furnishes labor, supplies, services, material, and/or equipment to or for a prime contractor or another subcontractor to the prime contractor, that is critical to meet the requirements of the Statement of Work. Additionally, a subcontract is any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

There are multiple definitions in the FAR, including, but not limited to references below, and each should be applied to the appropriate area the definition addresses.

FAR 3.502-1

“Subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor” (1) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and (2) includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.

FAR 4.1701

“First-tier subcontract” means a subcontract awarded directly by the contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor’s general and administrative expenses or indirect costs.

FAR 22.801

“Subcontract” means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee)—(1) For the purchase, sale, or use of personal property or nonpersonal services that, in whole or in part, are necessary to the performance of any one or more contracts; or (2) Under which any portion of the contractor’s obligation under any one or more contracts is performed, undertaken, or assumed.

“Subcontractor” means any person who holds, or has held, a subcontract subject to E.O. 11246. The term “first-tier subcontractor” means a subcontractor holding a subcontract with a prime contractor.

FAR 44.101

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract . It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor .

FAR 52.244-2

“Subcontract” means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

Q5. The Solicitation places a heavy emphasis on the Small Business Subcontracting Plan and indicates that if one is not submitted that the bidder would not be eligible for a contract award. However, for the portion of the work that we would bid on there are no subcontracting opportunities. All work is done in house. We attempt to meet small business goals through our purchases of raw materials however, no materials are being priced as part of this proposal and as a result we cannot complete a small business subcontracting plan since we have no subcontracting opportunities.

Response: Under Track A, if the company is other than a small business, it will need to submit a Small Business Subcontracting Plan. However, the proposal may use the ODCs plug numbers (i.e., materials/supplies) located on Cost Form 1 in the submitted small business goals. As the prime contractor, the company will need to address all categories and if no goals are proposed, provide a rationale for each category. Recommended goals are based on historical data.

Further, even though a firm may have in-house capability to perform much of the work, an offeror needs to perform an assessment of what work can be subcontracting to small businesses. Based on this assessment and to be competitive to receive the contract award, the offeror may have to subcontract out some of the work they could perform in-house to small businesses which have the capability to support different aspects of the statement of work/performance work statement.

Q6. Cost Form 3a has conflicting direction. At the Top of the Table, it indicates that rates are “Excluding Fee”. However, in the instruction block it says the rates are “Including Fee”. Since this form feeds the others, I assume that the rates should not include fee. Is this correct?

Response: This error will be corrected. Exclude Fee on Prime; Include Fee on Subcontractors. This information has been corrected in RFP Amendment 1.

Q7. The cost forms show 48 different labor categories. We cannot put something down for each labor category. As a result, many of the labor categories on the various cost sheets will be left blank. Is this acceptable? It is a point less exercise and a huge waste of time to try and map all these categories into the few that we have.

Response: A proposal will need to map the labor categories. NASA understands that a company may have a single labor category (i.e., Engineer III) performing under multiple labor categories. Map the labor categories the company utilizes to the labor categories in the Schedule of Rates. For example, if Engineer III provides the work of Rigger II, III, V then map it as such and provide a short rationale.

NASA removed a few of the labor categories, but feel the labor categories that remain fit the SOW. This information has been revised in RFP Amendment 1.

Q8. Cost Forms. There is some confusion on the difference between plug numbers and sample formulas.

Response: This will be corrected. Cost Forms will change font color to highlight difference between plug numbers and sample formulas. This information has been corrected in RFP Amendment 1.

Q9. Does AS9100 satisfy the ISO 9001 compliance requirement?

Response: Yes. AS9100 certification or compliance would meet the ISO 9001 requirement. AS9100 is a higher level QMS that contains all the ISO requirements plus more. This information has been clarified in RFP Amendment 1.

Q10. What is the font type and size for Solicitation # 80LARC22R0016?

Response: The font size was inadvertently left off of the Final RFP. Added back in. This information has been corrected in RFP Amendment 1.