Industry Q As

Solicitation DJJI-10-RFP-0666, ICITAP Program Support

Vendor Questions and DOJ Responses, August 24, 2010 Page 1

No.

RFQ

Section Vendor Question DOJ Response

1 General Will the Government provide a list of task orders issued under the current contract, including location in which work was performed?

A list of task orders issued under the current contract is attached.

Be aware that the number of tasks within individual task orders varies, as does the amount of funding within task orders.

2 General Does the Government intend to conduct oral presentations as part of its evaluation process?

No.

3 B.3 Are the monthly and annual hours in Tables B-3 and B-4 to be modified for vacation/holidays?

No.

4 B.3 Please provide an example of a full CLIN number based on the discussion in B.3.

1-20001 where the first”1" represents Option Period 1, the “2" represents Pricing Table B-2, Daily Rates, and the remaining four digits represent the first CLIN in that pricing table.

5 B.3 Section B.3 is clear that all PMO related costs shall be recovered through the Contractor’s fully loaded labor direct rates included in Pricing Tables B-1 through B-4. However, the RFP does not appear to require offerors to propose a specific price for the PMO. Please clarify whether the Government requires offerors to submit a proposed price for the PMO. In addition, please clarify how the contractor and Government will agree on the size and structure of the PMO on an ongoing basis as the ICITAP program changes in size and scope over the life of the contract.

The contractor is not required to submit a separate price for the PMO. How the Government and contractor agree to size and scope of the PMO through the life of the contract will be determined post-award.

6 B.3 and B.3.1 Please clarify how PMO costs will be invoiced under the contract.

Section B.3(b) states that "two types of support will be ordered under this contract - Program Management and Field Support." This suggests that PMO costs will be invoiced under a dedicated Task Order. Also, Section B.3(b)1), Page 3 and Section B.3.1(a), Page 5 suggests that PMO support will be embedded within the fully loaded rates as a component cost. Section L describes specific PMO categories that have been typically bid independently on the ICITAP contract. To facilitate full recovery of these important and significant contract costs, it is recommended that these rates be bid independently within the Pricing Tables.

PMO costs will not be invoiced under the contract. PMO costs will be embedded in the fully loaded rates in Tables B-1 through B-4.

7 B.3.1 Reference is made to “administrative handling costs”. Is this the same as G&A?

No. Administrative handling costs apply only to ODCs.

8 B.3.1 Is it correct to assume that travel within third world countries is included in the travel listed in ODCs if the per diem is not adequate?

No. Task orders will include adequate funding to cover all travel-related costs (airfare, local transportation, per diem, etc.)

9 B.3.1(c) Instructions are given as to how and when to apply rate premiums to contract unit prices. Can we assume that the resulting increase in the labor rate is fully billable?

Yes.

No.

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10 C.3.1.1(a) How much time is to be allocated to the three company representatives co-located at ICITAP headquarters in Washington, DC?

They should be full-time.

11 C.3.1.1(c) The contractor is instructed to provide all management, administration, … warehousing, etc. to support the task orders. Is the contractor responsible for this expense for only CONUS? Does the Government pay for any warehousing expenses in support of OCONUS task orders for Materials?

The contractor is responsible for the cost of warehousing in the continental US. Warehousing outside the continental US will be covered through individual task orders.

12 C.3.1.1(c)(2) Will the current Technical Advisor Repository be transferred to the new contractor or be made available in order to transition the personnel to the new contractor’s repository?

How many personnel are currently in the Technical Advisor Repository?

Upon contract award, the Government will provide a list of Technical Advisors and Instructors who have served under the current contract.

There is no Technical Advisor Repository at the current time.

13 C.3.2.1 Is the support required for the nineteen (19) field offices, in providing project coordination support, funded under individual task orders or is it considered part of the PMO’s expenses?

Support of the field offices will be funded under individual task orders.

14 C.3.2.2.2 Will the Government provide curriculum for all training deliveries? No. Curricula are regularly tailored to the particular countries / environments in which the courses are taught, and, in some cases, they need to be updated to reflect the most current standards. In all cases, the contracted advisors will play an integral part of curriculum development/maintenance, as directed by each task order.

15 C.3.2.2.2(b)(4) Paragraph (b) lists the Contractor’s responsibilities for project administration, in particular, item (5) lists equipment such as body armor, helmets,…armored vehicles and appropriate vehicles.

In Section B.3.1 Pricing Tables, offerors are given instructions as to what is included in ODC Materials, and vehicles are not included in this list. Can we assume that this is not a complete list, and that any material required as course supplies and equipment will be billed as ODCs?

Any materials required as course supplies and equipment may be billed as ODCs if they have been specified in an individual task order or associated technical guidance letter (TGL).

16 C.3.2.3.2 When visas, diplomatic passports, or residency permits are required, is this considered an ODC expense under the Travel CLIN?

Yes. Visas and travel-related costs are covered as ODCs. However, the Government does not cover the cost to secure passports.

17 Will the contractor be required to obtain Technical Assistasnce Agreements (TAA) through the Directorate of Defense Trade Controls (DDTC) in accordance with International Traffic in Arms Regulations (DTAR)? Or are there any standing exemptions that preclude the TAA requirement?

The contractor will be required to obtain TAA’s through DTC on accordance with ITAR. There are no standing exemptions that preclude the ITAR requirement.

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18 H.6 This section calls for the contractor’s explicit acknowledgment that DOJ will release, in response to FOIA requests, the “hourly, daily, and monthly rates contained in the Section B pricing tables of this contract” without prior notice to the contractor. Is it DOJ’s intent to solely limit the acknowledgment to hourly, daily, and monthly rates contained in the pricing tables and, thus, specifically exclude any and all other proprietary pricing rates, multipliers, indirect rates, overheads, etc? If so, can Section H.6 be modified accordingly?

It is the Government’s intent to limit the contractor’s acknowledgment to the fully loaded hourly, daily, monthly, and annual rates included in the pricing tables. Section H.6 will not be modified.

19 H.8 and H.17.4

Will the Government Furnished Property to be provided to the contractor via Section H.8 include all necessary encryption/decryption equipment/software required to meet the requirements of Section H.17.4?

Yes.

20 H.15 (b)(5) While we understand the ethical conflict of interest implications of this provision, it seems broad and subject to a wide interpretation. Please clarify to what level of relation the cited reference applies.

It applies to all relatives of Contractor employees.

21 H.17.1.2(a) H.17.1.2 (a) states “Contractor personnel only requiring access to unclassified information will fall under the following categories,” but then identifies only one category: (1) High Risk. Can you clarify both the number of categories, and whether such personnel (only requiring access to unclassified information) are in fact to be considered “high risk?”

The following three (3) risk categories will be included in Section H.17.1.2.(a):

(1) High Risk. High risk positions are those positions that have the potential for exceptionally serious impact on the integrity and efficiency of the DOJ and involve duties especially critical to the DOJ or a program mission with broad scope of policy or program authority.

(2) Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services.

(3) Low Risk. Low Risk positions are those positions that have limited potential for adversely affecting the national security operations of the Department.

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H.17.1.2.3(a) The RFP states that "contract employees, both US citizens and non- U.S. citizens, must meet the Department's Residency Requirements, i.e.

he/she must have lived in the U.S. three of the last five years immediately prior to employment under the Department Contract, and/or worked for the U.S. overseas in a federal or military capacity. This language does not appear to allow those personnel who are currently working overseas as a contractor under a Government contract other than the current ICITAP contract to be considered. This requirement will inhibit the government’s efforts to engage the best qualified personnel for task orders. Except for the incumbent, who is very much advantaged by this language, this restrictive requirement will limit the talent pool and exclude much of the best talent, who may be living overseas under another Government contract. Will the Government accept proposed personnel that have either lived in the US three of the last five years immediately prior to employment under a government contract and/or worked for the US overseas in a federal, military or government contractor capacity?

The language does not prohibit personnel who are not working on the current ICITAP contract. The reference to “the Department contract” refers to the contract to be awarded as a result of this solicitation, not the current contract.

23 H.17.3(b) and (c)

Why are costs associated with destruction, sanitizing, or degaussing damaged computers, and/or all PCs, hard drives, memory, servers, etc., at the end of the contract not allowable?

The Government will not compensate the contractor for an exercise which does not result in a tangible product/service to the Government.

24 Section I Will DOJ remove FAR Clause 52.245-5 and add the following FAR clauses:

52.228-3, 52.228-4, 52.228-7, 52.228-10, 52.245-1, 52.245-2, 52.245-9, 52.246-25, DOJ equivalent to 252.228-7003 (Capture and Detention clause), and DOJ equivalent to 52.225-7043 (Antiterrorism/Force Protection clause)

FAR clause 52.245-5 will be deleted, and replaced with FAR clauses 52.245-1 and 52.245-9. In addition, FAR clause 52.246-25 will be added.

The remaining clauses referenced in this question will not be added.

25 L.3 Will table of contents, compliance matrices, lists of acronyms, lists of tables/figures, etc., count against the page count?

Table of contents will not count against the total page count.

Everything else will count.

26 L.3 The solicitation designates ten (10) pages for the Transition Plan.

However, Section L.3.2, “Management”, includes a Transition Plan. Is the offeror allowed ten pages within the Management section in addition to the fifty (50) pages allotted in the table included in Section L.3?

The page limitation for the Management Section will be increased to sixty (60) pages.

27 L.3(b) The RFP states, “Corel or Microsoft Word and Excel formats are required”. The offeror assumes this requirement applies to text and that other software tools may be used for graphics. Is this assumption correct?

Yes.

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28 L.3(b) and (d) Please confirm that submission of the Business and Technical Volumes is to be in electronic format, on CD ROMs, and that no hard copy version of the proposal is required to be submitted.

Electronic and hard copies of the Business and Technical Volumes are to be submitted in the quantities specified in Section L.3(a) and (b).

29 L.3(e) Do the Past Performance references (2 pages per reference) count against any page limit in Volume 2 or are they excluded from page count?

Past Performance references are excluded from total page limitations.

30 L.3.1.2(a) Can the prime contractor include second-tier subcontractor dollars in the prime contractor’s Small Business Subcontracting Plan?

No.

31 L.3.1.4(c) This provision states that “The offer is responsible for inserting the item descriptions (labor categories), unit prices (daily/monthly/annual rates), and estimated quantities for each proposed labor CLIN.” With the scope of the task orders being undefined, there is no basis for the bidder to provide quantities for these labor categories. Will the Government provide historical quantities for each proposed labor CLIN? This will provide all bidders an opportunity to adequately and consistently respond to Section L.3.1.4 requirement.

Attachment (1) to the solicitation has been revised to include estimated quantities for each labor category series, i.e., Law Enforcement, Corrections, Forensics, and Administrative/Logistics.

Using Attachment (2) of the solicitation as a guideline, vendors will have flexibility within each series to propose as many CLINs as they deem necessary to meet the Government’s needs.

32 L.3.1.4(c) and (g)

Paragraph L.3.1.4(c) states that the offeror is responsible for inserting the item descriptions (labor categories), unit prices (daily / monthly / annual rates), and estimated quantities for each proposed labor CLIN, and paragraph L.3.1.4(g) states that the offeror is solely responsible for determining and proposing a comprehensive list of labor categories it believes it needs to satisfactorily perform the requirements of the Statement of Work. This RFP language appears to conflict with information presented in Attachment 2 ‘Labor CLIN Descriptions/Qualifications’ which contains a series of labor categories defined by the Government. Please clarify if the offeror is to use its own discretion to either prepare a unique set of labor categories for this proposal, or to add additional labor categories if deemed necessary. If so, please clarify how the Government will evaluate the Offeror’s price proposals. To establish a baseline for price evaluation, we recommend that the Government provide a consistent basis for price evaluation by directing offerors to produce a price proposal responding to the labor categories established in Attachment 2 with the Government responsible for establishing the quantities for each labor CLIN.

See response to Question #31.

33 L.3.1.4(g)(7) Please distinguish between the foreign local labor included in this section as Direct labor and the foreign local labor listed as Other Direct Costs in Section B.3.1(b)(1).

There is no difference. All foreign local labor will be included under the Other Direct Costs Foreign Local Labor CLIN referenced in Section B.3.1(b)(1).

34 L.3.2(b) Is it acceptable to include the key personnel resumes as an annex to Volume II, Technical Proposals?

Yes. However, resumes are still limited to two (2) pages each.

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35 L.3.2.2 In order to fully address all logistical aspects as required by Section L.3.2.2, will the Government provide historical examples of “ad hoc” tasks that have been required under the current contract?

An example of an “ad hoc” task would be providing on-the-ground CONUS logistics/admin support for a large multi-national delegation’s participation at a conference (IACP, IAWP, AAFS, etc.)

36 L.3.2.2(8) Section L.3.2.2 of the RFP states that the offeror must include a Quality Control Plan in its proposal. However, Section C.3.1.4 states that a written Quality Control Plan must be provided to the Government no later than sixty (60) calendar days after award. Is the offeror to submit a draft Quality Control Plan with its proposal and deliver the final QCP 60 days after award?

Yes.

37 L.3.2.2(8) If the offeror is required to submit a Quality Control Plan with its proposal, could the Government allocate a number of pages for the Plan or designate the Plan to be excluded from the page limitation?

The Quality Control Plan will be excluded from the total page limitation.

38 L.4.2.2(10) Should offerors include estimated transition costs as part of their proposals? Cost data is not customarily included in a Technical volume. If this data is to be provided, please clarify whether this information should be included in the Technical volume or Business volume.

Offerors should include a bottom-line estimate of transition costs.

This bottom-line estimate and the Transition Plan should be included in the Technical volume.

39 L.3.2.2(10) We assume that transition costs as stated in L.3.2.2 (10) are isolated to establishing and operating the WDC PMO for the 60-day transition period, and any field deployments during that period would be defined in task orders issued during the transition phase. Please confirm.

Yes, the specific phase-in assistance to be provided will be determined by the Government and provided to the Contractor, via separate task order(s) issued by the Administrative Contracting Officer.

40 L.3.2.2(10) Is it the Government’s intent that the offeror limit the discussion of phase-in costs in the Technical Volume to verbal description of those types of phase-in costs anticipated and provide all actual cost/price numbers in the Business Volume?

See the Government’s response to Question #38.

41 L.3.2.2(10) What is the expected number of task orders to be issued during the sixty

(60) day transition period? What is the expected geographical distribution of those task orders?

Approximately 100 orders over first 60 days - 50 in the first 30 days and 50 in the second thirty days. Refer to Section B.1(d) for the breakout between locations.

42 L.3.2.2(10) Please provide the number of Technical Advisors currently deployed, by region and/or country. Please provide the number of current task orders and general purpose. Alternatively, can the offeror gather this information from a proposal library by providing a cleared individual with access to this information?

Estimated No. of Technical Advisors worldwide = 120 Estimated No. of Technical Advisors Europe/Eurasia/Latin America and the Carribean = 50 Estimated No. of Technical Advisors Asia/Africa/Middle East = 70 Estimated No. of Active Task Orders for personnel / training / logistics / equip = 100

43 L.3.2.4 Past Performance References, "The RFP states that the offeror must provide "Provide five (5) references for commensurate projects that are in progress or were completed within the past three years."" Will the Government consider allowing the prime to submit up to five references?"

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44 L.3.2.4 The RFP states that "If any portion of the work will be subcontracted or performed by a team member, provide five (5) references for the subcontractor/team member." Is it the Government's intent to have five references submitted from each member on a team?

The RFP will be revised to require three (3) references for each proposed subcontractor.

45 L.3.2.4 Will the Government consider allowing the prime contractor to submit “up to” five references for each subcontractor/ team member? Will the Government consider changing this requirement to a maximum of ten

(10) past performance references for the offeror’s entire team?

See the response to Question #44.

46 L.3.2.4 Can the requirement for subcontractors to give references be dropped? No.

47 L.3.2.4 Can the requirement for five past performance references be met by multiple contracts with one or two federal agencies?

Yes.

48 L.3.2.4 For those subcontractors that qualify as small businesses, will the Government accept the experience of principals of those companies in place of past performance citations?

No.

49 L.3.2.4 Are subcontractor past performance references limited to “first tier” subcontractors?

Past-performance references should be provided for all subcontractors (first-tier, Small Business, etc.)

50 L.3.2.5 Is a Technical Advisor Repository required to be submitted prior to contract award? If so, in what format should the repository be provided

(e.g., via CD-ROM) and is it excluded from page count?

No.

51 L.3.2.5 Does the Government intend for bidders to simply describe their approach to developing and maintaining a Technical Advisory Repository in accordance with C.3.1.1(c)(2), or to submit a sample Technical Advisory Repository in Access format on a CD along with the proposal? Section M.2.1(4) implies the Repository itself will be evaluated, not the proposed Repository solution. Please clarify.

The Government expects the bidders to submit a description of their approach. The Government will evaluate the offeror’s proposed approach to developing and maintaining the TAR.

52 L.3.2.5 1). Are offerors required to submit a vetted repository for positions that will not be filled until May, 2011?

2) Is this Repository format an Access database or a hard copy report?

3) If hard copy, does the Repository count against the allotted page count for the Staffing section per Section L?

4) Does the evaluated Repository require Personal Identifiable Information for the Government’s review?

See the Government’s response to Question #50 and #51.

53 L.3.2.5 Can DOJ provide the historical annual percentage of personnel turnover by each of the various labor categories in order to put the term “minimum personnel turnover” in the proper context?

No. The reference in the RFP to “minimum personnel turnover” is focused on the approach to retaining highly qualified personnel.

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54 L.5 RFP Section L.5 states “only courier or overnight mail is acceptable” for submission of offers. Is it acceptable to hand-carry the offer for submission instead of using a courier?

Yes.

55 M.2.1 Will the Government be evaluating past performance in accordance with FAR 15.305, “Proposal Evaluation”?

The Government will be evaluating past performance in accordance with the provisions of the solicitation.

56 Attachment (1)

Attachment (1) contains pricing tables on an hourly, weekly, monthly, and annual basis. Is it intended that the item descriptions be the same in each of the four tables? For example, if an offeror provides ten separate CLINs in the Law Enforcement series, should these same ten items be included in each table?

Is it permissible to offer a service on an annual basis but not on a shorter-term basis?

Yes.

No.

57 Attachment (2)

The Labor Category qualification requirements appear to be unduly restrictive. For example the qualifications for a Law Enforcement Advisor/Instructor - Level 15-20 requires that a candidate have 15-20 years experience, a Bachelor’s or Masters degree and 7-10 years overseas experience. Will the Government accept personnel that meet a combination of these qualifications? (i.e. “Position requires either 15- 20 years of law enforcement experience with five or more years of senior management experience over a civilian police force or federal law enforcement agency and a Master’s Degree or 15-20 years of law enforcement experience with 7-10 years of international criminal justice experience and a Bachelor’s degree.)

Yes. There will be some flexibility in the education, domestic experience, and overseas experience of the candidates. These criteria are guidelines, and selection of proposed candidates will be made on a case-by-case basis.

58 Attachment (2)

Many highly skilled candidates with excellent qualifications will not have advanced degrees. Some of the most senior, experienced candidates may not even have an undergraduate degree as that was not a typical requirement in law enforcement 20-30 years ago. Would the Government consider modifying the education requirements to (a) eliminate the requirement for a master’s degree and to (b) allow substitution of additional years of experience for educational requirements?

Would the Government consider modifying the requirements for overseas experience? The way the levels are structured currently, someone with 30 years of law enforcement experience but only 2 years of overseas would have to be classified as Law Enforcement Level 3. It is unlikely that offerors will be able to afford to compensate the individual at the level demanded for that amount of experience thus potentially limiting access to a number of the most qualified candidates.

There will be some flexibility in the education, domestic experience, and overseas experience of the candidates. These criteria are guidelines, and selection of proposed candidates will be made on a case-by-case basis.