IAR_AMENDMENT_0003_SF30.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

12 June 2013

4. REQUISITION/PURCHASE REQ. NO.

DJJE-13-RFP-0765

5. PROJECT NO. (If applicable)

6. ISSUED BY 7. ADMINISTERED BY (If other than item 6)

United States Department of Justice Justice Management Division Procurement Services Staff 145 N Street NE Suite 8E:300 Washington, DC 20530

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

9A. AMENDMENT OF SOLICITATION NO.

DJJE-13-RFP-0765

9B. DATED (SEE ITEM 11)

13 May 2013 ✓

10A. MODIFICATION OF CONTRACT/ORDER

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 [X ] 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 ACKNOWLEDG- MENT 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)

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

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

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

TRACT 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 [X] is required to sign this document and return 1 copies to the issuing office.

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

The Government hereby provides answers to Bidders’ Questions 58-60 and a revised answer to #24. There are no changes to the RFP, however a revised pricing model is provided. The proposal due date remains 02 July 2013 at noon, Washington D.C. time. 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

(Signature of person authorized to sign)

15C DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV 10-

83) Prescribed by GSA

FAR (48 CFR) 52.243

Attachment B.4 – Vendor Questions: Government Answers DJJE-13-RFP-0765

No RFP Section RFP Pg. Bidder’s Question DOJ Answer nt B.5 23 Pricing

Model

LABOR -

B1

Please confirm that the Government requires Overtime pricing for the QC Manager as stated in Cells A17:B17.

No. This was an administrative error. Please submit regular time for the QC Manager according to Cell B17 in the revised pricing model provided as Rev 1.

24 C.5.2 Page 15 Will a lawyer/law firm representing a prime contractor in connection with the performance of the SOW be deemed by virtue of such representation to have an attorney-client relationship with the DOJ or any other federal agency, and that the DOJ or any other federal agency will not seek to disqualify such lawyer or law firm from any representation adverse to the DOJ or any other federal agency on the basis of the lawyer's or law firm's representation of prime contractor in connection with the RFP or any contract awarded thereunder.

Attorney’s performing limited task order specific activities on behalf of the US Government will be disqualified from any representation adverse to the US Government.

The issue of whether a lawyer performing work under the contract will be deemed to have an attorney-client relationship with the Department (or the United States more broadly) is a substantive legal question that would depend on the specific facts and circumstances of the situation, including the nature of the work being performed. Contractors are advised to consult with their own legal counsel regarding the legal and professional responsibility obligations of any lawyers who perform work under the contract and, in particular, the potential conflicts of interest that may arise in the event that a lawyer forms an attorney-client relationship with the United States.

As with organizational conflicts of interest generally under the FAR 9.4, the question of whether work on the current contract would preclude work on a future one for attorney conflict of interest reasons, and whether any such conflict would be waived by the United States, must be made on a case-by-case basis, considering the specific facts and circumstances of the particular situation and representation.

25 B.3(c)(1) 3 Given the wide variety of potential functions that must be accomplished under this contract, it is very difficult to price generic experience categories without knowing what specific functions will be included within these categories (lawyer, pilot, logistics specialist, etc.) Different labor categories, at the same experience level, will have very different hourly

Please see the answer to Question 7 and 8 above.

Attachment B.4 – Vendor Questions: Government Answers DJJE-13-RFP-0765

No RFP Section RFP Pg. Bidder’s Question DOJ Answer task order pricing to account for the realities of the scenario.

Upon award, the successful contractor will then price all subsequent task orders in coordination and concurrence with DOJ. We have this same arrangement on other large IDIQ contracts, and it works well. Given the ambiguity of services needed on this contract, it does not make sense to establish ceiling-level generic experience rates.

58 C.5.2 and Answer to Questions #24 and

(Attachme nt B.4)

“Law Firms are hesitant to be part of the current DOJ Solicitation for International Asset Recovery for fear that it will exclude them from their other work. Can you clarify by making the statement that “Law firms performing limited task order specific activities on behalf of the US Government only will be disqualified from any representation adverse to the US Government arising from the particular (i.e. task order specific) matter. Therefore, law firms will not be disqualified from representing related parties on matters not related to such task orders.”

No, the Department cannot make a blanket representation in the abstract, and we note that in any event it is not clear that such a blanket representation in the abstract would necessarily shield an attorney from any applicable professional responsibility issues. See also revised answer to question #24.

59 B.3(a) 3 “Offerors shall ONLY fill in the cells colored in grey.”

Given the new requirement to price low, mid and high hourly rates for each experience category, are bidders still required to provide an overall hourly rate for each category? Rates A-1 Tab, rows 3, 7, 11, 15, 19, 23, 27, 31, 35, 39, and 43 are still colored gray, indicating four hourly rates are needed for each category (overall, low, mid and high) instead of three for each category (low, mid and high).

Please clarify how many rates bidders are required to provide for each labor category, and if an overall rate is no longer required, change the shaded color of the cells in Rates A-1 Tab to accurately reflect what bidders must price.

Bidders shall only provide three rates for each expertise category – low, mid and high. The cells detailed are header cells and have been changed to the color yellow and are not to be filled in. See pricing model Rev 3.

60 B.3(c)(1) 3 Given that bidders are now being asked to price three different levels for each labor category (low, mid, high), will the government dictate which labor category and level to use for each position on each subsequent task order issued under this contract, or will only the labor category be specified and the contractor allowed to choose which level within the labor category to use?

It will depend on the task order and will be handled between the government and the contractor at that time but it will be one of the three levels within a given expertise category that Offerors are providing in response to this solicitation.