IAR_Master_List_Bidders_Questions_DJJE-13-RFP-0765_-_for_FBO_24May13.pdf

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

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

24 May 2013

4. REQUISITION/PURCHASE REQ. NO.

DJJE-13-RFP-0765

5. PROJECT NO. (If applicable)

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

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 2013T

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 [X ] is extended, [ ] is notextended.

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 received by 24 May 2013. Changes to the RFP, as a result of answers to Bidders’ Questions, are minor and are hereby provided as change pages with track changes turned on. The proposal due date has been extended to 25 June 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

1 A.3 1

The current NAICS code assigned to this procurement - 541199, Other Legal Services - may preclude small businesses from qualifying as a Small Business Subcontractor under the small business size standard for this NAICS code.

We recommend that Government reconsider its NAICS code selection to accommodate the broader NAICS code of 541611. This code has a small business size standard of $14M and may also allows for a broader representation of businesses to compete. This 541611 NAICS also includes asset management services, along with the administrative and consultative (SME) services which we expect will make up a large part of the work effort.

The NAICS code remains 541199. The Government conducted extensive research into choosing this code as the code with the best fit for the nature of the procurement.

2 B.1(c) 2

The Government expects the transition date to end 9/30/13.

In the solicitation, it is also stated the transition period (H.28) to be sixty (60) days in duration. Shall we assume an award date of 7/30/13 for the purposes of our pricing?

Yes, the Government intends to award on or before 7/30/13.

3 H.17.1.2 60

Can the Government confirm that all positions and labor categories applicable to this contract are considered Low Risk/Non-Sensitive positions and, as such, are required to have only the NACI conducted and completion of the SF-85, Questionnaire for Non-Sensitive Positions.

Generally, contractors will not have access to classified material. All labor categories applicable to this contract shall be considered “Low Risk/Non-Sensitive Positions” unless otherwise addressed in individual task orders.

Security clearances for “High” or “Moderate” Risk positions will be handled on a case-by-case basis.

4 H.17.1.2.5 65

We can appreciate the expense of security investigations to the Government. However, we cannot ensure that all personnel will remain in performance on this contract for one-year. Does this requirement apply to Key Personnel only?

This requirement applies primarily to key personnel, who will have major, long-term project responsibilities.

5 I.2.8(f) 94

Can the Government clarify the responsibility of the contractor when dealing with an asset which may contain hazardous material? Under current federal environmental law, the hazardous material responsibility is with the owner, operator, or guarantor of the property. This is a huge liability of the contractor with regard to waste minimization, mitigation and also impacts to health and human impacts. We recommend the liability for this remain with the Government and cleanup pursued under the federal Superfund claims process.

From RFP Section I.2.8 >> when the Government receives notice of an unsafe condition from the Contractor, to include hazardous material, the parties will agree on a course of action to mitigate the effects of that condition. The Contractor must operate within applicable Federal, state, and local environmental regulations.

6 L.8.1.5(b)

(3) 120 Are the prime contractor’s subcontractors required to submit pages from their GSA Schedule with identical or similar Yes.

CLINS as that proposed for this RFP?

Attachme nt B-1, Tab

LABOR-

B1 n/a

Can different rates be proposed for a single defined labor category, within a Task Order? As an example – Scenario 1 shows two “Senior Level III” roles - one Pilot and one Project Manager. Rates for these labor categories will be different, given the specifics of the scenario.

The rates for each Expertise Category within the Pricing Scenarios should be the same as what is proposed in Tab Rates-A1. Senior Level III should have one rate based on the description given in the Expertise Categories Attachment B.3.

Attachme nt B-1, Tab

RATES-

A1 n/a

The initial summary spreadsheet tab requires labor rates to be entered for the defined labor categories. However, these rates are not incorporated into the TEP analysis. In addition:

Three of the labor categories presented in the RATES-A1 tab are not required in any of the 4 defined scenarios.

Rates for a defined labor category may differ, depending on the actual job being performed. (See question 6 above).

Please provide guidance on how vendors should complete the RATES-A1 Tab, given the lack of definition for certain labor categories and the potential variability of rates within a given labor category.

The rates are incorporated into the TEP via the compilation of the various scenarios pricing. Further, the proposed unit prices (labor rates) will be evaluated for reasonableness and realism in accordance with RFP Section M.3(e).

Not all labor categories will be utilized in every situation as is the case in the pricing scenarios.

Vendors should review the Expertise Categories and price the categories according to level of expertise, job experience and other particulars detailed in each Category – see RFP Attachment B.3

Attachme nt B-1, Tab –

TOTAL–

B3 n/a

There appears to be an error in calculating the total cost for scenario 1, as presented in Tab TOTAL-B3. Line 14, columns D-H, do not include the ODC costs summarized in line 13. The other summary tabs (B6, B9, B12) include the ODCs within the Line 14 totals.

Please utilize the revised pricing model provided by the Government as Rev 1.

10 Section B.1(c) Attachme nt B.1

Page 2 Section B.1(c) states that period of performance is Phase-In period, Base period and 4 option periods. However Attachment B.1 – Pricing Model is set up for Base and 4 Option Periods. Can the Government please confirm that no pricing is required for the Phase-In Period in the Pricing Model?

Correct.

11 Section B.3(c) (3)

Page 4 Is fee allowable on ODCs? In accordance with B.3(c) (3), the ODCs may have a multiplier (handling factor) added to them. The contents of the multiplier are at the discretion of the Offeror.

12 Section C.3.2

Page 12 For pricing purposes, can the Government provide an estimate of what percentage of work will be performed at Contractor and Government locations?

For proposal pricing purposes, Offers shall comply with the requirements specified in Sections B and L.

Services may be required at any location worldwide.

Due to the unpredictable nature of the work, it is difficult for the Government to assess the percentage of work that will be required at Contractor, Government, or other locations.

13 Section F.4

Page 39 Section F.4 states that contractor shall perform tasks and provide services as detailed in Section C worldwide as detailed in task orders. Can the Government please confirm that costs specifically associated with performing work overseas such as Cost of Living Allowance, Post (Hardship) Differential, Danger Pay Allowance, etc. will be reimbursed through ODC CLINs on Task Orders?

When directed by a task order, rate premiums may be applied to contract unit prices for labor when Contractor personnel are performing in geographic areas identified by the Department of State as being subject to Danger/Hazard Pay premium and/or Post Hardship Differential Pay premium and will be reimbursed as ODCs.

14 Section B.3 (c)

Page 4 Section B.3 (c) states that it is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor. IAW Generally Accepted Accounting Principles (GAAP) and corporate disclosure statements, subcontractors may need to apply burdens (e.g., material handling, G&A, etc.) and fees to these costs. If subcontractor travel is required in order to perform work, these burdens should be allowable for both the prime and subcontractor.

Request the Government to allow prime and subcontractor burdens to be inclusive on travel and ODCs.

In accordance with the RFP, the markup may be applied only once and is to be applied to the original cost of the item.

15 Section B.1 (b) Section B.4 (b) (3)

Page 2 and 6 Section B.1 states that “this contract also allows for, as a secondary purpose, tasks incidental to international asset recovery support that under circumstances outside of this contract could be considered non-exempt labor but for purposes of this contract shall be considered exempt.”

However, some of the personnel that qualify under the Basic Level labor categories may be considered non-exempt in accordance with the Fair Labor Standards Act (FLSA) and/or corporate policies. Section B.4 (b) (3) states that all overtime work shall be billed at the proposed “regular time” rates.

IAW FLSA and/or corporate policies non-exempt employees are compensated for their employment in excess of 40 hours per week at no less than 1.5 times the regular rate. Will the Government allow offeror to propose overtime rates for not-exempt employees at 1.5 times regular rate on a task order basis?

If OT is required at the Task Order level, it will be ordered as such and shall be bid at that time. In accordance with the FLSA it would be reimbursable at a rate of at least 1.5 times the regular rate. For the purposes of this RFP and the pricing scenarios, no OT is required and need not be bid.

16 C.6.2 (3), L.8.2.3.3

Page 29 and

Is a full QCP (Quality Control Plan) required? If it is, can it be provided as an attachment that does not count against the

The Quality Control Plan (QCP) shall clearly and concisely discuss the Offeror’s quality control program

(c) page count? and shall demonstrate the procedures and controls that will be used to ensure the Offeror meets contract requirements and provides high quality products/services. Further details are provided in Sections C.6.2 and L.8.2.3.3(c).

The QCP shall be included in the page limit.

17 H.8 (a) Page 52 What protocols or temporary clearances will be provided if the government is unable to clear resources timely?

While the Government does not anticipate significant delays in obtaining clearances for Contractor personnel, temporary clearances or other mechanisms will be managed on a case-by-case basis.

18 H.9 (c) Page 53 Will there be one Program Manager position for the program and will they be full-time?

As specified in H.9(b), one program manager is currently identified as key personnel under this contract. It is not anticipated that this position will be required full-time.

The Government roughly estimates that the Program Manager position may be for about 400 hours per year or 20% of their time.

19 L.8 (e), H.10

Page 53 and

If Subject Matter Expert resumes are submitted do they count against the page limit?

No, they do not.

20 C.8.2 (5) Page 32 It appears that there should be a reference to the end of this statement. Please clarify the following item and if there is additional information that was omitted in error:

“5. Finally, the system shall meet any Government-required data and system security requirements noted where?”

The revised sentence should read:

Finally, the system shall meet any Government-required data and system security requirements noted in Section H.18.

21 L.8.1.2(b) and L.8.2.4 and 125

Three past performance examples are required for the prime and any first tier subcontractors. A First tier subcontractor is defined in L.8.1.2 (b) as a contractor that would be awarded $5M over the life of the contract, however since this is an IDIQ contract with no workload data or historic information to base the contract value on, it is nearly impossible to estimate the value a subcontractor would be awarded.

Therefore, can past performance examples be provided for all subcontractors? Or is there another determining factor that can be used for which subcontractors should submit three past performance examples.

Please submit three past performance references for all subcontractors.

22 L.8.1.2 and Attachme

Page 118 What total contract value should be used for calculating the small business subcontracting plan?

$10M 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 Governmet will be disqualified from any representation adverse to the US Government.

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 rates.

Please provide additional guidance and details on how offerors should price these generic experience categories.

Please see the answer to Question 7 and 8 above.

26 B.3(c)(2) 4 When pricing each sample task order, is it correct to assume that offerors are allowed to discount from the IDIQ ceiling rates established on the Rates A-1 Tab, to account for the specific nature of the work, location, duration, and other unique aspects of the sample task orders?

No, this is not a correct assumption. The rates established in Rates A-1 Tab shall carry forward to the scenarios as well as to the contract. If the Offeror wishes to extend a discount, it should be reflected in the Rates A-1 Tab.

27 B.4(b)(1) 5 This section implies that all sample task order hourly rate prices will become part of the IDIQ ceiling rates, even though the sample task orders are notional and are not awardable or performable.

Please confirm that the Rates A-1 Tab are the only IDIQ ceiling rates established for the duration of the contract.

The Rates from A-1Tab, as detailed in B.4(b)(1), and the Handling Factor/Multiplier Rates established for the ODCs in Tabs B-2, B-5, B-8, B-11 are the rates that will carry forward to the contract. See also B.4(b)(5).

28 C.3.3(6) 13 Will DOJ grant security clearances to contingent, non-key before a task order has been awarded, or will DOJ only

Clearances, where necessary, will start after a task order is issued.

initiate the clearance process after a task order has been awarded?

If an awarded task order is necessary to initiate the clearance process, it may be difficult to maintain “on-board, cleared personnel” prior to task order awards.

Onboard, cleared personnel, refers to the key personnel specified in H.9.

29 C.5.6.1 17 What is the minimum amount of time between award of task order and actual seizure and need for on-site contractor pre-seizure coordination and planning services?

In very rare cases, work may need to be completed within 48 hours after receiving a task order.

30 C.5.6.3 18 “The Contractor shall be able to locate and provide property within one (1) business hour of request.”

Please clarify where contractor must “provide” property within one hour of request. Is the intent that the contractor should be able to locate, prepare and provide all property in contractor possession to a POC designated by the COR, within one hour of request, at the storage location?

The COR or designated representative will specify which item(s) are to be located and where they are to be provided. Assume this location will be in or near the storage facility.

31 C.5.7.1 20 Contractor is required to witness the destruction with a government representative. Will the COR designate/provide the government representative? If a government representative is unavailable to witness a destruction, will the contractor be given additional time beyond five (5) days to destroy property?

Yes, the COR will specify the government representative. In accordance with C.5.7.1, a waiver of the destruction timeframe may be granted by the COR for unusual circumstances.

32 C.8.2(5) 32 Item 5 seems to be incomplete. Please clarify this requirement.

See answer to Number 20 above.

33 C.8.5 33 When Contractor Furnished Facilities (CFF) are located in less developed countries and seized property is in CFF under contractor control, will the government fund security improvements that may be necessary to meet the security requirements specified in this section?

Regardless of work location, if required by a task order the Contractor shall provide sufficient secured storage space which meets the requirements specified in the task order and throughout this contract.

34 M.1.1(a)( 1)

M.2(a)

The RFP states that in order to be considered eligible for award, the offeror’s technical proposal must be determined to be acceptable in accordance with M.2.

What are the adjectival ratings used in the Technical Evaluation? Will the government assign technical ratings using a variation of Excellent, Good, Acceptable, Marginal, Unacceptable?

Source Selection information cannot be released during the solicitation phase of the process. This information is not required to submit an offer.

If so, please provide a description of each rating.

35 M.2.1(III) 130 How will past performance references be adjectivally rated?

Will the government assign relevance and confidence ratings to each past performance citation?

If so, please provide a description of each rating.

Source Selection information cannot be released during the solicitation phase of the process. This information is not required to submit an offer.

36 1.7 115 The solicitation is extremely complex and know that my team will have more questions, is this the final opportunity to submit questions to the government or is there a possibility the Q n A period will be extended?

Please see the RFP. Questions after 20 May will be answered on a best effort basis and answers will be posted to FBO.

37 C.2 8 The solicitation is extremely complex and know that my team will have more questions, is this the final opportunity to submit questions to the government or is there a possibility the Q n A period will be extended?

Please see answer to question 36 above.

38 C.2.4 10-11 In reviewing all of the procurement documents we noticed there was a Sources Sought and RFI period that included an Industry Day event.

a) Will the government post or release a copy of the Industry Day presentation and materials for those who were not able to attend?

No, these items were not released unless in attendance at the event.

39 C.2.4 10-11 b) Can the government post a roster of those who were in attendance at the Industry day presentation?

No, these items were not released unless in attendance at the event.

40 C.2.4 10-11 c) Can the government post or release a copy of the questions and answers about the procurement that arose as a result of the RFI and Industry Day?

No, these items were not released unless in attendance at the event.

41 A.3 1 The SOW has requirements for a wide variety of technical and professional disciplines that few if any corporate entities possess to perform the tasks required under the contract.

Will the government consider a special purpose stand alone business entity created for this contract as a responsive qualified respondent;

If the technical qualifications are met

The Government intends to award a contract to the Offeror that is most advantageous to the Government from a best value perspective. The best value decision will be in accordance with RFP Section M.1.2.

If the experience qualifications are met

If the past performance and experience qualifications are met

Justification: A special purpose business entity can provide transparency in accounting and reporting without there being a chance of any commingling of services that an established company might have.

42 A.3 I.2.3

84-86

4) Joint Venture with established big business

If the bidding entity is a small or small HUBZone business who teams or Joint Ventures with a "Big Business" ($10m or more annual sales) as an equity partner that owns a minority stock or equity in the bidding entity;

To perform certain tasks or provide services such as global logistics, legal or other tasks required under the contract, with the Small Business Bidding entity which would be the prime contractor.

Would the small business preference or HUBZone preference still be applicable to the award.

Example small business prime contractor bidding entity teams with Super Mega global shipping, warehousing and transport company that has a global footprint is given up to 20% equity of the bidding entity or several "Big Business entities" are given a combined equity stake of less than 49% of the bidding entity, A) Will the government consider this a responsive proposal?

B) Will the Small Business and/or HUBZone preferences still apply on the governments scoring of the proposal?

C) Since this is an extremely technical contract with many

HUBZone preference is only applicable when at least 50% of the cost of personnel is spent for employees of the HUBZone concern or other HUBZone small business concerns.

nuances such as International Diplomatic issues combined with technical requirements for experience, will cross credentialization between Big Business and Small Business be allowed?

43 L.10 126 Does the Government anticipate there will be any delays of the proposal due date?

The Government does not anticipate significant delays (e.g. over two weeks) of the proposal due date.

44 L.10 126 If there are any anticipated delays or extensions of the proposal due date, how quickly and in what manner will the government make the announcement?

The Government will make all announcements on FBO.

Offerors needs to monitor it daily.

45 B.3 3 For the rate table outlined in Attachment B.1 Rates A-1 Tab, would the government allow contractors to bid different sets of hourly rates for different professional areas (e.g., legal, accounting, investigative, etc.)? Or is it expected that one set of rates across the expertise levels will be used for all types of support?

Please see the answer to question 7 above.

46 C.5.6, H.12

17, Can the government please clarify the responsibilities for security of contractor personnel or property for international activities? Will the contractor be responsible for providing security in some or all cases?

Generally, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract. Further, the Contractor is responsible for the security of its facilities, systems, and of seized assets as specified in this contract or as otherwise specified by a task order. Contractors will only perform very specific and limited role in asset identification and other activities under this contract and all activities will be assisting Government staff and under their direct supervision. Contractors will not be required to perform services in active battle/war zones or other locations where personal security is deemed necessary.

47 H.12 54 Please clarify how forfeited assets under contractor custody would be classified (e.g., government owned property or otherwise) for purposes of assigning responsibility for damages or losses as outlined in H.12.

The US government maintains authority over all seized and forfeited property transferred to the Contractor. As such, seized assets are considered Government-owned as they relate to H.12. Note that pursuant to H.31, seized assets are not considered Government-furnished property under this contract. The handling and processing of seized assets is discussed in Section C.

48 H.17 58 Will all personnel supporting this contract, including those working internationally to support forfeiture operations in-country, be subject to Public Trust Investigation and Citizenship requirements outlined in section H.17? Or does that just apply to contractor staff working in the U.S.?

Regardless of work location, all contract(or) personnel performing under this contract are subject to the security requirements set forth in H.17. Specific citizenship and residency requirements, along with possible waiver requirements, are discussed in H.17.1.2.2. Further, pursuant to C.3.3, in cases where in-country subject matter experts are required, DOJ will work with the Contractor and other agencies as appropriate to ensure that local nationals, subject matter experts and specialized personnel performing work under this contract meet all necessary security requirements.

49 Section I.2.7

Upon thorough review of the Statement of Work contained in the subject RFP (International Asset Recovery (IAR) Support), we make the assumption that Section I.2.7 (Contractor Personnel in a designated operational area or supporting a Diplomatic or Consular Mission Outside the United States) is not applicable to this program. Please confirm.

Correct. Consider the clause removed.