Amendment 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 9

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

0002 April 8, 2011

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE United States Department of Agriculture Procurement Operations Division 300 7 th Street, SW, Room 377

Washington, D.C. 20024 Contracting Officer – Jodey J. Barnes-Edwards Phone: 202-720-9448, email: jodey.edwards@usda.gov

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

AG-3143-S-11-0039

9B. DATED (SEE ITEM 11)

March 18, 2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning _1_ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return ____ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

This amendment is being issued to provide or clarify the following information contained in this Solicitation:

1. This amendment extends the subject solicitation through April 15, 2011. The location and time for submissions remain unchanged.

CONTINUED

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Jodey J. Barnes-Edwards mailto:jodey.edwards@usda.gov

Amendment 0002

2. The subject solicitation is hereby amended to incorporate written responses to some of the technical/contractual questions received from prospective offerors, along with replacement pages as identified. Some technical questions are still pending and a response will be provided in an additional amendment as soon as possible. This data should be used in preparing proposals.

3. The following replacement pages are hereby incorporated: 23 – 25.

4. All other terms and conditions remain unchanged.

QUESTIONS

1. Section 3.2 “USDA shall have the right, but not the obligation, to submit evidence in response to any claims filed…” When will the USDA provide this information and will the contractor be expected to re-open claims that have been processed if this information is received after the claim has been completed?

Answer: Response Pending

2. What level of participation would be required of the contractor in a DOJ audit of a claim?

3. How and when will the USDA provide USDA loan information for debt relief determination as part of the adjudication process?

4. Page 10 section 2.3.1.5 and Page 12 section 2.3.2.3 of the RFP state the

Contractor/Administrator shall: “Develop notices and correspondence, with USDA approval, and manage all communications with claimants (including letters) related to

Claims Packages, and maintain those communications as a searchable portable document format. All communications shall be included in the database in 3.1.10.

a. Is it the intent of this statement that the contractor document all phone conversations, e-mails, mail correspondence etc, both verbal and written in PDF format in the Database?

b. Is the correct reference for the database section 2.3.1.10 of the RFP? There is not a section 3.1.10.

5. Page 23 section 5.7 Performance Penalties of the RFP states “The amount of penalties to be assessed will be as follows:” There are 18 performance objectives with a Penalty

Assessment of 10% from the invoice total.

a. In the Penalty Assessment Table, what is the definition of “Invoice Total” for a given Performance Objective?

b. Are invoices to be submitted monthly and therefore these penalties will be assessed per month?

c. Are the penalties cumulative? For example if two performance objectives are missed, the penalty is 20% of the invoice total for the period (month?)?

6. Page 59 section 9.4 Proposal Submission states: “One Original and three copies of the technical and cost proposal under separate cover must be submitted no later than 4:30

A.M., local time on April 11, 2011”

a. Should this be 4:30 PM?

Answer: The proposal submission time should be 4:30 PM

7. Section 2.1 paragraph two states “The “Claims Package” is defined as the Claim Form, The Settlement Agreement and, if appropriate, the Notice of Dismissal and any other instructions or information the Contractor/Administrator determines is appropriate to provide to facilitate the Claims Process.”

a. Is the Contractor/Administrator responsible for developing the Settlement

Agreement or will it be provided?

b. Is the Contractor/Administrator responsible for developing the Notice of

Dismissal or will it be provided?

8. Will the contractor be required to control funds or will the USDA maintain funds and distribute based on information received from the contractor?

9. Will electronic signatures be acceptable for any claim forms, etc. or must all documentation be processed in hard copy?

10. Is this a full and open for any bidders?

Answer: Yes

11. What is meant by NAICS code 541199 $7.0M?

Answer: NAICS (North American Industrial Classification System Code) is

541199 for this requirement and indicates the industry standard for determining whether a business is considered Large or Small. All large businesses must submit a subcontracting plan with their proposals.

12. Due to the significant impact of your answers on the technical approach and cost proposal, we hereby request at least a 7 day extension of the proposal due date beyond issuance of answers to questions.

13. Please clarify postage, are we to price postage for 400,000 individual packages? What are CBO’s and is this an option?

Answer: Yes. “CBO” refers to Community Based Organizations.

14. Will USDA consider creation of a Project Management CLIN to cover staff during periods of low activity?

15. Should we include fulfillment, i.e. packing, affixing postage, etc. in this price?

Answer: Yes, as stated on Page 58 Section IV – All rates provided must include:

All G&A, profit, etc. and must be submitted as a Firm-Fixed Price.

16. Section 2.3.2 States the contractor will issue a final determination specifying the amount of prorated payment. Does the contractor determine the pro-rated payment or the COTR?

17. Section 2.3.2 – Who, and how will the process of making adjusted payments be completed after all claims are adjudicated?

18. Section 9.2 – Please confirm, one original and three copies in Hardcopy and one CD?

Answer: This is correct. Section 9.4 is hereby modified to include one CD submission.

19. Section 9.2 – Can all four sections, including Cost be bound in a single Volume?

Answer: NO. However, Sections I-III may be in one (1) binder. The Cost/Price proposal must be in a separate binder.

20. Section 9.2 – Can we re-arrange the structure of our response as long as we address all four components and provide a cross-reference table?

Answer: Please adhere to the submission requirements as outlined in the

Solicitation/Amendment.

21. Section 9.1 – Instructions indicate Assumptions, Conditions, Exceptions should be submitted under separate cover, however 9.2 indicates only 4 Sections, please clarify?

Answer: This requirement is in addition to the four sections and must be provided in a separate binder.

22. Section I Certification Package - #5 Reps and Certs, if we are registered with ORCA is

Section 7.10 required?

Answer: The Section reference is hereby corrected to read 7.11. Please submit in accordance with the instructions under 7.11 FAR Clause 52.212-3 Offeror

Representation and Certifications – Commercial Items (Jan 2011).

23. Performance Surveys – Indicates completed surveys are to be completed and received in the CO office by 3/31 at 4:00PM. Is this possibly a Typo, or can this date be extended to the Proposal Due Date of 4/11?

Answer: The receipt of Past Performance surveys has been extended as follows:

Submit No Later Than closing date/time as indicated in the

Solicitation/Amendments.

24. Section II.4 Past Performance – Please clarify, Past Performance is indicated to be

Section II.4 of the proposal and Section III of the proposal?

Answer: Please see Amendment 0001.

25. Section III Past Performance/Organizational Experience – This section appears to be outside of the evaluation criteria, please clarify?

Answer: Please see Amendment 0001.

26. Section III Past Performance/Organizational Experience – This section heading refers to

Organizational Experience, however there is no direction regarding required response.

Answer: The word phrase “Organizational Experience” on Page 57 is hereby removed.

27. Section 9.4 – Indicates Technical and Cost proposals should be under separate cover, please clarify?

Answer: All sections except cost may be combined in one (1) binder, properly labeled. Cost must be submitted in its own binder.

28. 4.A Past Performance – Amendment states we should submit all past prime and sub contracts over the past five years and 4.b indicates a survey should be sent to each.

Section IIIa on page 58 indicates only 3-5 Surveys, can you please clarify this requirement?

Answer: See Amendment 0001.

29. 5.7 Performance Penalties – References in SOW 3.1 and 3.2, no such sections, can you

Answer: Reference numbers under Section 5.7 are hereby amended. Please reference the replacement pages.

30. 5.7 Performance Penalties – The exhibit seems to indicate USDA will perform audits, but

Section 2.4 of the RFP indicates the contractor is responsible. Can you please clarify?

31. Framework Pages 10-12 - Debt Relief – The contractor is required to determine whether the claimant would have met the USDA regulation requirements at the time they applied for a loan. How is the adjudicator/contractor do this? Will regulatory requirements applicable to the times be provided to the contractor?

32. Framework Pages 10-12 - Debt Relief – How can you determine whether a claimant would have qualified for the loan in “constructive application” scenario?

33. Framework Pages 10-12 - Debt Relief – Who eventually is responsible for the paperwork to cancel the loans?

34. Framework Pages 10-12 - Audit – How are the caps under Tier 2 and Tier 1 monitored?

35. 5.7 Performance Penalties – What documents will be sufficient to verify identity of the claimants and proof of eligibility? Is there an automated database that can be used to independently verify eligibility?

36. 5.7 Performance Penalties – There are two PRS#2’s please clarify?

Answer: PRS # 2 is corrected from PRS # 2 to PRS # 2A.

37. 5.7 Performance Penalties – The second PRS # 2 doesn’t specify a performance period,

38. Schedule B – The RFP states "CLINS 4 and 5 to be completed within timelines identified for Administrator in framework and all adjudications complete 12 months from opening date for receipt of claims, except for those claims subject to audit, or a 10% deduct for total price for CLINS 4 and 5." Please clarify the start date for the 12 month limitation, is it the opening date for receipt of claims or from the date of a COTR adjudication task order containing complete and accepted claims?

39. Schedule B – Please clarify the timing of events and clarify the deliverable time frames.

Schedule B indicates notifications to all claimants will be issued within 15 days. It then says that claimants will have 180 days to submit claims from the open date, we aren't sure of that date. Schedule B says we will receive task orders of 10,000 claims each to process adjudications, but it also says all claims must be adjudicated within 12 months of the beginning receipt date. Can you please provide a clear and concise time line of work to be performed over the 5 year contract?

40. Schedule B – If the packages are to be mailed in 15 days, claims are to be filed within

180 Days, all claims are to be adjudicated within one year of the start date, what services are anticipated to be provided in years 2 - 5?

41. In 9.2 Proposal Preparation Instructions it states that

The Offeror shall submit their proposal in four sections identified in the following manner: Section I – Certification Package, Section II – Technical Proposal, Section III –

Past Performance, and Section IV – Price Proposal. The Offeror shall submit an original and three copies of the proposal and compact disk (CD) with each section clearly labeled.

Proposals shall be submitted in a bound or loose-leaf format using single-spaced type, and if possible, double-sided pages. Color tabs may be used to separate sections in the proposal.

However, in 9.4 Proposal Submission it states that

One original and three copies of the technical and cost proposal under separate cover must be submitted no later than 4:30 A.M., local time on April 11, 2011.

Answer: Section 9.4 is hereby modified to include one CD submission and submission time has been corrected to read 4:30 P.M.

In 9.2 it appears to state that just one proposal volume will be submitted that will consist of 4 sections, one of which is Price (Cost), while in 9.4 it seems to indicate that their are two proposals, a technical and a cost proposal, to be submitted under separate covers.

Could you indicate in what fashion you want to receive the price/cost portion of the submission?

Answer: All sections except cost may be combined in one (1) binder, properly labeled. Cost must be submitted in its own binder.