91990025Q0032 Questions and Answers 07182025.pdf

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R - Professional Facilitation Services to Support Negotiated Rulemaking (Title IV)
Solicitation number
91990025Q0032
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This document is a Questions and Answers (Q&A) file for a federal contract opportunity for Professional Facilitation Services to Support Negotiated Rulemaking. The solicitation (91990025Q0032) is 100% set aside for small businesses under NAICS 541990, with a size standard of $19.5M. The Q&A document contains 32 technical and contract-related questions from potential vendors, addressing key aspects such as facilitation requirements, meeting protocols, documentation expectations, and administrative details.

Key highlights include: The contract requires two facilitators per negotiating session, with an anticipated three sessions per year. Facilitators will support negotiated rulemaking processes for the Department of Education's Office of Postsecondary Education, including managing collaborative discussions, facilitating meetings, and supporting consensus building. The contract involves approximately 650 total labor hours per negotiation session, covering facilitation, preparation, and documentation. Virtual and in-person meeting formats are possible, with MS Teams or Zoom for Government platforms potentially used. Documentation must be 508 compliant, and the department has specific expectations around meeting summaries and reporting.

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Other files

File Type Posted
91990025Q0032 0001.pdf PDF
Performance Work Statement 07172025.pdf PDF
Quality Assurance Surveillance Plan.pdf PDF
91990025Q0032.pdf PDF
Attachment 1 Price Schedule 06242025.xlsx XLSX spreadsheet

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CONTROLLED UNCLASSIFIED INFORMATION#

Question # Reference

(RFQ, PWS, or attachments, and Section)

Question Category (Contract or Technical)

Question Answer

1 SOW, pgs. 4 &5 Technical Can the Department confirm that the "up to" hours provided in the Negotiated Rulemaking Session tables reflect total hours across both facilitators?

The hours listed on the PWS pages 4-5 are a combined total for both facilitators per Negotiated Rulemaking Session. The Performance Work Statement has been updated.

2 SOW, pgs. 4 &5 Technical Can the Department confirm that the "up to" hours provided in the Negotiated Rulemaking Session tables reflect total hours for all staff (not just facilitators)?

Up to those hours for all contractor staff. The Department can not dictate how vendor assigns work to their own staff.

RFQ/4.1.2 Technical

Will all members of the rulemaking committees/subcommittees be identified and confirmed before the contractor kickoff meeting?

No, as each rulemaking committee/subcommittees session is made up of a new group of negotiators. For example; we are planning to call for nominations this summer for the committee that will meet in late fall/early winter.

RFQ/4.1.2 & 4.2.2 Technical

Does the Department have a preferred virtual meeting tool (MS Teams, Zoom, etc.)? If so, will the contract facilitator have access to the tool and privileges?

For any presession meetings hosted by the Department the COR will schedule a MS Teams or Zoom for Government meeting. For actual negotiations, the COR coordinates efforts with ED Conference and Event management team to use Zoom for Government for the meetings. If it is a virtual meeting, they make it available only during negotiation sessions.

If in person, we will not use that platform to meet.

For premeetings between Contractor and Negotiators the vendor will provide a platform available to their company to schedule (phone, video conference platform of their choice (ED does not coordinate this).

5 RFQ/4.1.2 and 5.1 Technical Is there/who is/are the executive sponsor(s) The Office of Postsecondary Education senior leadership.

RFQ/4.1.2 Technical

What are the Department's expectations around documenting, reporting, and/or intervening in conflicts or disputes among negotiators?

There are protocols established with each committee that define role of participants. A link is provided for past rule making documentation examples; https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy

RFQ/4.0 Contract

Are there any limitations to using a subcontractor for co-facilitators or subject matter support staff as long as all are disclosed?

Subcontractors may be utilized. See FAR 52.219-14 Limitation on Subcontracting (OCT 2022)

RFQ/4.2.3 and 4.3 Technical

What are the content and detail expectations for the meeting summaries and who will be responsible for long-term archiving of records?

We would like information captured recapping the major milestones of the meeting. This information is posted to the OPE webpage. A link is provided for past rule making documentation examples; https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy

9 PWS/4.2.1 Technical Is the 7-day timeline for the kickoff meeting for scheduling and holding the meeting? Within 7 days of the award, we would a have a kick-off meeting with the vendor selected.

10 PWS/4.2.2 Technical Is there a defined protocol for contacting negotiators (e.g., individual or group email, DOE-facilitator)?

Generally the faciliator is the primary contact between ED and negotiators. This will further be discussed in the kick off meeting.

PWS/4.2.3 Technical

Does the Department have required template for summaries/status reporting?

No template, COR will provide details and past examples that are posted on Ed.gov, a link is provided; https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy

QASP Table Contract

Who is expected to be responsible for tracking and reporting metrics - Contractor or DOE?

Contractor should be providing information to ED. This information could be provided in the monthly report. COR validates deliverables in accordance with the Performance Work Statement and the assocaited QASP.

Attachment 1: Price Schedule Contract

In the pricing sheet, the hours show 2,600 hours of work for $59,000; is a zero missing? Is this the total for 1 year or for multiple years?

Please read and follow the request for quote instructions as to what is to be provided and page limitations.

14 PWS Technical Are you asking for three facilitation sessions per year or total during the scope of the contract? PWS states: Each negotiating session will be supported by two facilitators.

RFQ Technical

Does the Government expect contractors to provide a response to the PWS? Should it be included in Volume 2: Technical Quote? If so, is it excluded from the 15-page limit?

Please read and follow the request for quote instructions as to what is to be provided and page limitations.

16 PWS, Task 2 Technical Could you please confirm the number of consultant team staff expected at each meeting? PWS states: Each negotiating session will be supported by two facilitators.

# Sensitive in accordance with 32 CFR Part 2002

17 PWS, Task 2 Technical Could you please confirm the number of consultant team staff expected at each public hearing?

The public hearing is an opportunity for assigned facilitator(s) to attend and hear topics to gain backgroud information for the negotiation session.

RFP, Section 4 Contract

Does the Department currently have policies or procedures regarding the use of AI in this work?

Technical solutions should not assume its availabilty. Department policies regarding AI are evolving and are only allowable in a limited capacity at ED, requireing prior approval. The Performance Work Statement has been updated.

19 RFP, Section 2 Contract Does the Department prefer facilitators to be based in Washington, DC? The Department will not dictate a company's or employees base of operations.

20 PWS, Task 2 Technical Could the Department confirm how many subcommittees are anticipated per negotiated rulemaking?

It is unknown at this time. We anticpate no more then 3 per table of negotiatons, but depends on the administrative priority.

RFP, SF 1449 Technical

The RFP on page 2 “Ordering Period 1, Task 2 - Facilitation Services” mentions facilitating subcommittees, is the Department expecting one facilitator/mediator to support each subcommittee? PWS states: Each negotiating session will be supported by two facilitators.

PWS, All Tasks Contract

Will any meeting agendas, documentation and summaries need to be 508 compliant? Will virtual/hybrid/public hearings need to be 508 compliant? Have prior meetings included participant requests for 508 compliance or translation support?

Yes, any documentation provided that is posted on our website should be 508. The Performance Work Statement has been updated.

23 RFP, Section 2 Technical What negotiated rulemaking dashboard, issue and revision tracking, or single-text negotiation tools does ED currently use?

The Department's Policy teams coordinate these efforts through revisions and tracked changes in documents.

RFP, Section 2 Contract

Given the potential for evolving federal capacity and administrative transitions, could the Department provide guidance on expected lead time for onboarding following award?

Understanding any anticipated timing or constraints will help us ensure readiness and maintain responsiveness. The Deparmental lead times for onboarding personnel are not known at this time.

RFP, Section 1 Contract

1. In Section e) 1) on page 16, the RFP states that pricing should be proposed per task, but the sample table provided appears to include subtasks as well. Could you please clarify the expected level of detail in the budget breakdown? Specifically: Are offerors required to provide pricing at the subtask level, or is pricing at the task level sufficient? Pricing at the task level is sufficient. The RFQ instructions are updated to reflect this.

RFP, Section 1 Contract

Could you please clarify the expected level of detail in the budget breakdown? Specifically: If subtask-level detail is preferred or required, should that structure match the illustrative table exactly, or may offerors propose their own logical subtask breakdowns under each main task? Pricing at the task level is sufficient. The RFQ instructions are updated to reflect this.

RFP, Section 1 Contract

1. In Section e) 1) on page 16, the RFP states that pricing should be proposed per task, but the sample table provided appears to include subtasks as well. Could you please clarify the expected level of detail in the budget breakdown? Specifically: Does the subcontractor task breakdown (and potentially subtasks) need to match the prime’s task list exactly, or may it reflect a different scope? Pricing at the task level is sufficient. The RFQ instructions are updated to reflect this.

28 RFP, Section 2 Contract Will the Department allow 10 point Times New Roman font for tables instead of 12?

Text may be smaller in tables, but should not exceed overall page limits. The RFQ instructions are updated to reflect this.

Contract

Can you confirm whether the 650 total labor hours (300 for facilitation and 350 for preparation/documentation) represent the full level of effort for the facilitation support team, or if those figures are intended per facilitator?

Per negotiation session, its assumed there would be three per year. It is a combined total for two facilitators for the main negotiation meetings. If there is a subcommittee there are additional hours built in to support two facilitators for those meetings. Also, additional time have been built in for Other meetings, as needed. The Negotiated Rulemaking Session Tables have been updated within the Performance Work Statement.

Contract

In the event that travel becomes required for facilitation sessions to be conducted in person, should anticipated travel costs be included in the proposal pricing at this stage, or will travel be handled separately as reimbursable under the contract?

A not to exceed value for optional travel has been provided. Travel will be handled as reimbursable under the optional task. The Travel CLIN has been completed for all contractors.

31 Contract Is there an incumbent contractor for this requirement? No

Pg 11 Technical

The technical quote must be submitted searchable PDF format."

Would the Government please confirm proposal graphics are exempt from this requirement. Graphics are exempt, the RFQ instructions have been updated.

Sheet1

File details come from the government source that posted it. Updated .