(R)Government Response W9124P-24-R-0004 3 July 2024.xlsx

XLSX spreadsheet 31 KB Posted Jul 5, 2024

Attached to: JOC Synopsis W9124P-24-R-0004
Solicitation number: Not on record
Issued by: Department of the Army Materiel Command Contracting Command Redstone Arsenal

About this file

Written by GovTribe AI · Jul 5, 2024

This document is the Government's response to industry questions and comments regarding the draft Request for Proposal (RFP) for solicitation W9124P-24-R-0004. The response addresses various topics including:

Clarification on the guaranteed minimum order value and streamlined project thresholds, consolidation of the Contract Data Requirements List (CDRL) attachments, proper referencing of CDRL numbers throughout the RFP, requirements for foreign-owned companies, instructions for past performance information, and instructions for submitting the price proposal and technical proposal, including the seed project proposal. The Government also provided responses regarding the applicability of various FAR clauses and contract administration details. Overall, this document serves to provide clarification and address industry feedback on the draft RFP prior to the final release.

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Other files

File	Type	Posted
JOB ORDER CONTRACT SYNOPSIS 25 JULY 24.docx	DOCX document	Jul 25, 2024
Government Response W9124P-24-R-0004 3 July 2024.xlsx	XLSX spreadsheet	Jul 5, 2024
Government Response W9124P-24-R-0004 3 July 2024.xlsx	XLSX spreadsheet	Jul 3, 2024

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Sheet1

	Comment	Govenments Response
1	Typo in paragraph 3. Reads "drsolicitation's"	Typo has been corrected.
2	This statement is a bit confusing when measured against Section A3 Minimum Obligation and the 0005 CLIN description on page 7. This paragraph (C.1.2) states "the guaranteed minimum quantity of work which will be required for task orders will not be less than $100,000 to be awarded during the base year of the contract". The description in CLIN 0005 states "Streamlined small projects ranging from $2,000 to $100,000." We may need clarification on this, as there appears to be a conflict for the Base Year. The Option Years should be fine with the existing language.	There is not a conflict with the language. The guaranteed minimum language refers to the minimum for all task orders awarded in the base year. The guaranteed minimum of $100,000 is not guaranteed for each CLIN. For example, one task order priced at $100,000 using CLIN 0001 would satisfy the guaranteed minimum for the year.
3	Contractor is required to submit an "annual execution report of the contractor's completed and in-process task order performance of the contract within 10 days of the expiration of each contract year IAW Attachment J22…" CDRL A001. Note: Attachment J22 lists the CDRL Numbers starting with "D", not "A".

Why aren't the requirements details for the CDRL included in the CDRL description list? It's fine to have them in the PWS, but they should also be in the CDRL Attachment to avoid the risk of anyone missing those details.	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout. The CDRL form has limited spacing available in block 16, which is why each CDRL is directed to a contract reference in the PWS.
	4	In the unlikely event that we reach out to vendors but only receive one (1) quote rather than two (2) as directed by the Government, we should ask how the Government would like us to proceed	The vendors attempted would be listed in the submission with "no response".
	5	Who is performing the pricing adjustment, and what method is going to be used?	The request for adding non-prepriced items to the UPB will be made at the request of the Government directly with the UPB contractor.
	6	What criteria will the Government use to make the determination that an increase to the UPB is appropriate?	There is not a set criteria, and the circumstances that would dictate an adjustment due to volatile price conditions should be rare and extreme market conditions.
	7	The CDRL is D002, not A002.	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	8	Does the Government intend to charge the Contractor for the costs associated with running the water/sewage/electrical lines to the trailer, even though it's their requirement?	Yes, the contractor's costs for establishing its on-site office trailer should include extending utilities to its trailer. The contractor is also responsible for paying its monthly metered utility bills.
	9	There CDRL referenced should be D004, not A003	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	10	The CDRL referenced does not exist in Attachment J22. It would also need to be referenced with a "D" not an "A" in the PWS	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	11	The CDRL referenced does not exist in Attachment J22, even though the CDRL referenced this subparagraph. CDRL D005 in Attachment J22 is for DOD Information Assurance Awareness Training Certificates. Is iWATCH Training considered part of Information Assurance, or does the CDRL description need updating? It would also need to be referenced with a "D" not an "A"	iWATCH is a separate training. Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	12	The CDRL should be referenced with a "D" not an "A"	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	13	The CDRL should be referenced with a "D" not an "A"	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	14	The CDRL should be referenced with a "D" not an "A"	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	15	The CDRL referenced is incorrect. CDRL "A008" (which is D008 in Attachment J22) is for the Service Contract Reporting under Subparagraph C.3.6, so this requires correction	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	16	The wrong CDRL number is referenced in the paragraph. It should be D008, not A009.	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	17	The paragraph requires a Test and Balance Report, but there isn't a corresponding CDRL for it. If this is a required deliverable, there should be a CDRL	See paragraph C.20.2 and CDRL A018. The test and balance report is part of the JOC Close-out Form.
	18	There is no CDRL for this requirement, but it's a deliverable. With payment being tied to the submittal of the manuals and conduction of training, there should be a record capturing their completion	See paragraph C.20.2 and CDRL A018. The test and balance report is part of the JOC Close-out Form.
	19	There is no CDRL listed for this requirement. CDRL A010 (D010) is for Progress Charts under Section C.15.2	See paragraph C.20.2 and CDRL A018. The test and balance report is part of the JOC Close-out Form.
	20	The CDRL should be referenced with a "D" not an "A"	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
	21	Recommend that we get clarification on this and verify that the Contracting Officer is aware of this item and agrees, as a Contingency is generally an unallowable cost under FAR 31.205-7	FAR 31.205-7(b) states "generally unallowable for historical costing purposes" which is not applicable to the context of C.9.3. FAR 31.205-7(c) specifies conditions which are appropriate for inclusion of contingency.
	22	Recommend that we get clarification on this, as this points to the award of a UCA (Undefinitized Contract Action).	We are not doing a UCA, a FFP contract will be in place.

Customer: Nothing related to UCA is described in C.9.4.1. All that is being described is that the JOC contractor may have to submit task order proposals faster than allowed in C.9.4 at year end.

23	Does the Government also intend to negotiate the rates that have already been agreed to under the Unit Price Book, or is the focus on the hours, material, ODC, etc?	No. Prices/rates, hours, materials, ODC are not negotiated at the task order level. The UPB prices are set. Only the units/quantities are negotiable if the Government discovers inaccurate or incomplete items in the contractor's task order proposal.
24	This appears to be in conflict with Section C.1.2, as the minimum order for a task order in the Base Year is $100k. This comment is similar to the one I made in Row 8	There is no conflict. The minimum task order amount is $2,000. The guaranteed minimum to be awarded (with any combination of task orders) for the base year is $100,000.
25	The CDRL referenced in the paragraph is incorrect. It references A012 but should be D009	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
26	The CDRL referenced in the paragraph is incorrect. It references A013 but should be D010	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
27	The CDRL referenced in the paragraph is incorrect. It references A014 but should be D012	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
28	The CDRL referenced in the paragraph is incorrect. It references A015 but should be D013	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
29	The CDRL referenced in the paragraph is incorrect. It references A016 but should be D014	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
30	The CDRL referenced in the paragraph is incorrect. It references A017 but should be D015	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
31	The CDRL referenced in the paragraph is incorrect. It references A013 but should be D010 or D016, depending on whether it is progress or the final payment requested	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
32	The CDRL referenced in the paragraph is incorrect. It references A018 but should be D016	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
33	The CDRL should be referenced with a "D" not an "A"	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
34	C.20 should be referenced as C.20.2	C.20 will be changed to C.20.2.
35	C.35 is not a section in the RFP. Section C only runs through 33, not 35	C.35 will be changed to H.4.
36	Section C.11.2 (Task Order Commencement) appears to be in conflict with F.2 and C.11, which requires commencement of work to begin within 10 days after receiving the notice to proceed. C.11.2 is 45 days. Does this require correction?	No. C.11 refers to the IDIQ base contract. C.11.2 refers to physical work of each task order.
37	There is no paragraph H.22. No paragraph in Section H addresses payments. Sections C.20 and G.5 reference payments	H.22 will be changed to C.20.
38	The CDRL referenced in the paragraph is incorrect. It references A019 but should be D017	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
39	The CDRL referenced in the paragraph is incorrect. It references A021 but should be D018	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
40	Section C.12.1 set the damages at 7.5% per day, so this seems to be in conflict. We need to understand what the damages may actually be	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
41	This clause is listed twice. It only needs to be listed once	Corrected, duplicated clause has been removed from RFP.
42	This clause should probably read "The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension". If the time periods are reversed, the duration of the overall PoP would likely exceed 5 years and 6 months	This a required clause and can not change the language of the FAR, however concern noted.
43	I didn't see Attachment J24 Price Template.	Will be added to final RFP
44	Why did the Government include Attachment J25 CDRLs? The document doesn't match anything in the RFP and appears to be a set of completed CDRLs from a previous contract (W9124P-20-D-0002), with signatures from 2018. Were they included in error or to be considered a reference? We should engage with the Government for clarification.	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
45	(1) Paragraph L.4.2 says that files submitted in PDF file format shall be 100% searchable. Can exceptions be made for pages that include signatures? Or can the requirement for 100% searchability be clarified to apply only to the proposal spreadsheets, tables, resumes, and narrative sections?	Signature page is not required to be seachable.
46	(2) Do offerors need to wait until the final RFP is released to obtain online access to the eGordian UPB?	Yes
47	(3) Section L.5.2. says that “Offerors shall submit up to six contracts awarded within three years from the issue date of this RFP that are of similar scope, magnitude, and complexity to the efforts required by this solicitation. The Government will also consider any options awarded within the last three years, even if the base award occurred outside the three-year period.” Are we correct to assume that these example contracts are supposed to be IDIQ contracts (similar to this SATOC/JOC) as opposed to single-project contracts or individual delivery orders?	No, contracts do not have to be IDIQ contracts.
48	(4) Section L.5.2 instructs offerors to “provide a narrative describing any litigation activity, i.e. bond claims, liquidated damages, insurance actions or claims related to project performance, etc., that the Offeror has been, or is currently, party to involving its subcontractors, customers and any Surety within the past 6 years.” Some offerors will be subsidiaries of parent companies that own numerous subsidiaries operating in varied business lines, many of which are unrelated to federal construction. Please confirm that this narrative should be limited to the entity submitting a proposal plus any key subcontractors or affiliated entities whose past performance is being used in Volume II.	Yes, that is correct.
49	(5) Section L.5.2 says “For any projects/contracts that did not/do not meet original cost, schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings, and any corrective actions taken to avoid recurrence. The offeror shall list each time the construction schedule was revised and provide an explanation of why the revision was necessary.” For offerors that use large IDIQ contracts as their past performance examples, with some these contracts including hundreds of delivery orders that had construction schedules, it will be difficult to describe (especially in a volume limited to 20 pages) each time a construction schedule was revised and why the revision was necessary. If IDIQ contracts are used for the “up to six contracts” that an offeror features in Volume II, would the requirement to describe “each time the construction schedule was revised” apply to the overall IDIQ contract performance period rather than its individual delivery orders?	Either the base IDIQ contract or an individual task order may be used. If a base IDIQ is used then the Section L.5.2 sentence in question would refer to the overall IDIQ contract performance. Any additional information on task order execution in terms of original cost, schedule or technical performance may be added within the volume limits.
50	(6) Section L.5.2 says that each project/contract description should include the “original delivery schedule” and the “final or projected final delivery schedule.” If IDIQ contracts are used for the “up to six contracts” that an offeror features in Volume II, would the “original delivery schedule” and the “final or projected final delivery schedule” refer to the overall period of performance for the IDIQ contract?	Either the base IDIQ contract or an individual task order may be used. If a base IDIQ is used then the Section L.5.2 sentence in question would refer to the overall IDIQ contract performance. Any additional information on task order delivery schedules may be added within the volume limits.
51	(7) Section L.4.2.1 says that electronic upload through PIEE is preferred, but Section L.5.3 says that “All price proposals that are not submitted on CD in Microsoft Office Excel format will be rejected by the Contracting Officer and will not be considered for award.” Consider removing the “on CD” from this sentence.	"On CD" has been removed from the RFP
52	(8) Section L.5.3.2 Seed Project (Awardable Task Order) Instructions are within the part of Section L that provides instructions for the Price Proposal (Factor 3). Section L.5.1.3.3 Element 3 – Seed Project (Awardable Task Order) is within the part of Section L that provides instructions for the Technical Proposal (Factor 1). Could the Army provide some clarity regarding which seed project proposal information belongs in Volume I vs. Volume III? For the seed project, it appears as though offerors are instructed to provide (in their Technical Proposal, which is not supposed to include pricing information) the detailed proposal (prepared using the UPB), the proposal cover letter, and the Site Visit Memorandum. Offerors are also instructed to provide (in their Price Proposal) the proposed price for the seed project task order using Attachment J24 and their proposal prepared using the UPB.	Volume I should include the detailed proposal (prepared using the UPB) and coefficient factors of 1.00. Any information which represents the contractor's proposed coefficient(s) should only be contained in Volume III.
53	(9)	Paragraph L.6.3 says that each “offeror shall complete (fill-in and signatures) the Solicitation sections indicated below using the file (without modification to the file) provided with the RFP.” The sections listed below in this paragraph are A, G, and K. Section G doesn’t appear to have anything for a contractor to fill in or sign. Should the requirement to provide a copy of Section G (Contract Administration Data) be removed from the RFP instructions for Volume IV?	Section G has been removed from the list of documents under L.6.3.
54	(10) The CDRLs in Attachment J25 (A001-A014) identify CCI – Utility and Construction Services and Contract #W9124P-20-D-0002 and do not match the CDRLs (A001-A021) identified in Section C. Are we correct to assume that the final RFP will include a different version of Attachment J25?	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
55	(11) Is the numbering of the deliverables identified in the Attachment J22 Deliverables List (D001, D002, D003, …, D020) supposed to match the numbering of the CDRLs (A001, A002, A003, …, C021) identified in the SOW?	Attachment J22 and J25 will be consolidated into one Contract Data Requirements List in the final RFP with CDRL numbers consistent throughout.
56	This language in the new RSA JOC includes “Attachment J22, CDRL A008. Foreign owned companies and foreign national contractors will only be permitted to perform under this contract when there are no qualified U.S. companies and /or U.S. contractors.”	The Section C.3.5.9 excerpt in question is incomplete. The complete sentence reads, "An employee roster and listing of issued identification cards shall be furnished to the KO within 2 days of contract performance start date and updated within 2 working days to reflect Contractor and Subcontractor personnel changes IAW Attachment J22, CDRL A008." Therefore, CDRL A008 is requesting an employee roster and list of issued ID badges. The following sentence reads, "Foreign owned companies and foreign national contractors will only be permitted to perform under this contract when there are no qualified U.S. companies and /or U.S. contractors."
57	There is no Attachment J22 that fits this—Attachment J22 is a list of submittals. There is Attachment J25 which includes the CDRL, but A008 is progress reports. None of the CDRL include seem to reference foreign ownership. Please clarify. Is the FOCI language still relevant to the new contract?	There is not a CDRL in reference to foreign ownership. FOCI language is not included in the solicitation because foreign entity ownership is not anticipated.
58	Please clarify how a US corporation that is part of an international corporation will be considered during evaluation? Will they be excluded from consideration unless no other US corporations participate?	Foreign owned companies and foreign national contractors will only be permitted to perform under this contract when there are no qualified U.S. companies and /or U.S. contractors.
59	Please define a foreign-owned organization in the context of a foreign-headquartered publically traded organization?	A foreign-headquartered publically traded organization is a foreign-owned organization.
60	Please clarify how a joint venture approved under the SBA’s Mentor-Protégé program between a US 8(a) ANC and a large US business that is part of a multinational corporation headquartered in Europe will be considered for award under FOCI. Will they be considered a US firm?	Sam.gov registration and SBA program certification will be verified for company compliance. Foreign ownership including highest level owner will only be permitted to perform under this contract when there are no qualified U.S. companies and/or U.S. contractors.

File details come from the government source that posted it. Updated Jul 5, 2024.