AttachmentJ.7Questions AnswersFINAL.doc

DJJR-07-RFP-0462

Professional Assistance Contracts

Attachment J.7 - Asset Forfeiture Program

Questions and Answers Document

SECTION B

1.

Section B.1, paragraph (c): Does the Government intend to compete 10-15 existing task orders based upon the following language?

(The anticipated date of award for the proposed contract is October 1, 2007. Immediately upon award, the Government anticipates on providing fair opportunity for consideration among the new PACS contracts, with 10-15 on-going task orders under the existing PACS contracts.(

The solicitation refers to (10-15 on-going task orders under the existing PACS contracts.( Will the Department identify those task orders anticipated?

RESPONSE: Yes, it is the Government(s intention to recompete current task orders. The current contracts are due to expire on September 30, 2007. ALL work currently being performed under these three contracts will be re-competed among those selected from offers to this RFP. The Government does not know the exact number of task orders that will be recompeted but expects that, at a minimum, support to the following Agencies will need to continue: ATF, DEA, FBI, FDA, US State Dept., USDA, USPIS, and DHS. All current task orders will be recompeted under new statements of work since many are dated from early Fiscal Year 2000.

SECTION C

2.

Section C.3: The section states, (the DOJ intends to resolicit one or more contracts with firms(( Does this mean that DOJ is requesting the incumbents submit a proposal in response to this RFP?

RESPONSE: (Resolicit( in this case only meant that this was not a new program, that there are currently contractors in place providing support. This is a (Full and Open( competition, not limited to incumbents.

3.

Section C.3: This offeror understands that the Government does not guarantee work on any particular task order. Is it possible that task orders can result in far greater work than initially anticipated? Has the Government established a threshold in which task orders will need to be re-competed?

RESPONSE: There have been instances where task orders have been modified to add work, but such instances have always been within the scope of the original task order statement of work. The Government has not found it necessary to establish a threshold in which task orders need to be recompeted.

4.

C.4.2. Range of Work. Page 11: “Although the required tasks are generically the same for all participating components, the individual mission of each component in the AFP does affect the emphasis and procedures of the tasks. The following is a summary of DOJ forfeiture component missions.”

Question: Among participating components, would OCDETF(s mission have relevance to this RFP?

RESPONSE:

OCDETF is not an Asset Forfeiture Program component. OCDETF is currently supported via a task order in conjunction with the DEA. The Statement of Work for this task is one of the examples provided. Not all users of these contracts are listed in Section 4.2, except generically as (other Offices, Boards, and Divisions.( 5.

C.4.4, Work Examples, item # 8 on page 15: "Provide specialized services support, including, but not limited to such specialized disciplines as: hydrology, biology, toxicology, chemistry, engineering, and forensics." With respect to this work example, can you please provide a definition of the term "forensics" to help clarify whether it is referring to areas such as forensic accounting, hair/blood/tissue examination, or both.

RESPONSE: The term (Forensics( could refer to either forensic accounting or to hair/blood/tissue examination, though far more rarely the latter. However, the Government is not seeking science laboratory assistance but rather the ability to extrapolate and use information from such lab work in forfeiture cases.

6.

C.6.2 Key personnel: It appears that the government requires only one Key Personnel be proposed: the Contract Manager.

Comment: If this interpretation is incorrect, please clarify. If not, please provide guidance regarding the inclusion of additional resumes with the proposal.

RESPONSE: For contract-purposes offerors are required to propose only one Key Personnel, the Contract Manager. Additional resumes are requested to support the offerors ability to provide cleared personnel, primarily in the labor categories of Senior Investigator, Senior and Mid-Professional, and Consultant.

SECTION F

7.

F.2, page 27, Notice of Government Delays: Could the government please clarify this provision. We would like to understand that any government delay that affects the Contractors performance or delivery dates, the government will either consider and [sic] equitable adjustment, if the event causes a cost impact to the Contractor, and adjust the delivery date if the delay impacts the delivery schedule.

RESPONSE: The title of this Provision is “Notice to the Government of Delays”. The intent of this provision is for the Contractor to notify the Administrative Contracting Officer when the Contractor encounters difficulty in meeting performance requirements, anticipates difficulty in complying with the contract delivery schedule or completion date, or has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract. This provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract. The Administrative Contracting Officer will take appropriate action to address the delay. Any adjustment to the terms of the contract such as delivery schedule or completion date will be made in accordance with the appropriate Changes clause.

8.

Section F.4.2: Which overseas locations are being considered for performance?

RESPONSE: There currently are no overseas locations where work is being performed. The Government reserves the right to solicit task order contract services in any location where services may be required.

SECTION G

9.

G.4 (a) (ii), page 36: This provision allows the Contractor flexibility in allocation of the LOE but we ask that the Contractor be allowed to retain the flexibility in the LOE, as needed during contract performance, but also allow the Contractor to monitor the task order LOE as long as the Contractor does not exceed the total funded value of the task order.

RESPONSE: If the Government understands the question, the Contractor shall have the flexibility to monitor and allocate the LOE as needed during contract performance at the Task Order level.

10.

G.4 (b) Release of Claims: Contractor understands that a release of claim will be required at the end of each task order and for those task orders issued on the T&M basis which include other direct costs (i.e. travel expenses, etc..) we ask that the release of claim not exclude any adjustments entitled to Contractor as a result of a final G&A rate determination by DCAA or any over or under charges identified during an audit.

RESPONSE: This is a Time-and-Materials contract and not a Cost-Reimbursable, therefore, rates in the contract are not subject to change based on DCAA audit.

SECTION H

11.

H.13 Permits and Licenses: Please clarify the following understanding with regard to allowable contract costs. “To the extent that the licenses or permits are required as an action of a task order, the expense shall be an allowable charge under the task order and the awarded master agreement.

RESPONSE: Any licenses or permits that are required in the performance of the statement of work shall be identified in each individual task orders. Unless otherwise stated in the task order, such expense shall not be an allowable cost charged under the task order and the awarded IDIQ contract.

12.

Section H.17.1.2.1 paragraph (a): This offeror performs a 100% background check on all employees. On rare occasion, employees have not passed background checks or we have found that a pre-appointment background clearance as described in paragraph (a) should not have been issued once the results of the check have been received. To this end, will the Government consider amending the below to delete the proposed stricken through language?

“If for any reason during contract performance, the Contractor's facility, and/or proposed personnel designated to perform this contract are denied DSS Security Clearance, the Government reserves the right to terminate the contract for default.”

RESPONSE: The ability of a Contractor to provide Top Secret and Secret level cleared personnel is at the heart of this requirement. However, contract termination for default is rarely used when proposed personnel are not able to meet Security Clearance requirements. The norm in such instances would be to terminate the task order for which cleared personnel were sought. In such circumstances, the Administrative Contracting Officer shall address the issue on a case by case basis. The Government reserves the right to terminate the contract, or if applicable the task order, if it is determined that the impact of denied clearances will have severe impact to the program.

13.

H.17.1 Contractor Personnel: “(c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COTR and Security Programs Manager (SPM), have received the requisite NSI Clearance or PTI security approval.”

Question: The term (sufficient( is a rather ambiguous measure. Can the government provide more specifics as to what (sufficient( would mean. For example could it be a % of the contractor(s workforce, a specific number, etc.?

RESPONSE: The Government regrets the ambiguity of the term (sufficient( but, due to the nature of this program and the fact that it supports multiple Government agencies, there are multiple Security Program Managers involved. Each task order will have its own Security Programs Manager who will determine for that agency and that task order what number of cleared personnel will be (sufficient( for work to commence.

SECTION J

14.

Attachment J.2 Sample of Task Orders Statements of Work: The sample Task Orders include requirements for Key Personnel, are these Key Personnel to be bid at the time of the individual task order competitions or should these Key Personnel be proposed during initial proposal submission?

RESPONSE: Task Order Key Personnel shall be proposed at the time of individual task order competitions. See also the response to question 6, above.

15.

Attachment J.3 (DD254): The RFP states that the contractor will not generate nor store classified materials at the contractor’s facility. Shouldn’t block 1b of the DD254 state “NONE” vice “TOP SECRET” for the level of safeguarding required at the contractor facility?

RESPONSE: The requirement for a Top Secret Facility clearance is necessary for performance under this contract in order to provide support to many of our forfeiture components.

SECTION K

16.

Section K.3 & Section M.4 (g): Will the Price Evaluation Preference for HubZone Small Business Concerns only apply to the award of the IDIQ contract vehicle or will it also apply to each competitively awarded task order?

RESPONSE: Price Evaluation Preference for HubZone Small Business Concerns applies to the IDIQ contract level.

SECTION L

17.

L.7.1General (e) and L.7.3.2 - Technical Approach (b) 4: Section L.7.1(e) limits the Technical Proposal to 200 pages not counting Key Personnel Resumes. Section L.7.3.2(b) 4 requires 5 past performance references from the prime offeror and “If any portion of the work in the aggregate amount of $10,000,000 will be subcontracted or performed by a team member, provide five (5) references for the subcontractor/team member…” The past performance information could potentially become quite large. Will the Government exclude Past Performance citations from the 200 page count limit?

RESPONSE:

The Government anticipates that subcontractors will provide much of the support under the PACS contracts and therefore their past performance is very important to the success of this program. By this Amendment 1, the aggregate amount has been revised to $25 million over the life of the contract. The Past Performance references shall be included within the 200 page count limit.

18.

L.7.2.1 paragraph (b): May offerors include the required certification in the proposal cover letter?

RESPONSE: The offerors shall include the required certification in Volume I - Business Proposal 19.

Section L.7.2.3: Offerors are required to provide a copy of our certified balance sheet, income, and P&L statement. As a privately help partnership, this offeror does not publish financial statements for our clients. We can however provide a reference letter from our bank and a letter regarding the firm’s financial strength from our Comptroller. Please confirm these letters are sufficient and we will, therefore, be responsive to this requirement.

RESPONSE: All contents submitted as part of the proposal will be considered and held as proprietary information. Please provide your company policy prohibiting the release of such information. To be responsive to this requirement, independent references are sufficient in that it must demonstrate the company’s established credit worthiness, have adequate financial resources to perform the contract, etc. Other responsive information may include an independent audited qualified statement.

20.

Section L.7.2.5 Price Support Information (Information Other Than Cost or Pricing Data), paragraph (a): Does the Government require supporting data for each fixed rate CLIN in Attachment J.1 – Pricing Table from both the Prime and each team member or only the Prime? If the supporting data is required from each team member, is it the Government’s intent to receive sealed packages from each team member with proprietary information?

RESPONSE: The Government has determined that price supporting data requested in Section L.7.2.5 is no longer required for this solicitation. Section L.7.2.5 is amended to delete references of this requirement and labeled as “Reserved”.

21.

L.7.2.5 Price Support Information (Information Other than Cost or Pricing Data): “We understand that FAR 15.403-1 limits the Contracting Officer requirement for requesting cost and pricing data as sited below. We therefore ask if the Contractor can demonstrate price reasonableness through its catalog sales, contract awards by the Government and adequate competition obtained in this procurement, that the RFP requirement at Section L.7.2.5 (a) Pricing Table be modified to only require (1) direct labor categories, fully burdened labor rate, total hours by CLIN and total estimated price by CLIN.

15.403 Obtaining cost or pricing: g data.

15.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b).

(a) Cost or pricing data shall not be obtained for acquisitions at or below the simplified acquisition threshold.

(b) Exceptions to cost or pricing data requirements. The contracting officer shall not require submission of cost or pricing data to support any action (contracts, subcontracts, or modifications) (but may require information other than cost or pricing data to support a determination of price reasonableness or cost realism)—

(1) When the contracting officer determines that prices agreed upon are based on adequate price competition (see standards in paragraph (c)(1) of this subsection);

and

(3) When a commercial item is being acquired (see standards in paragraph (c)(3) of this subsection);

Therefore, may Contractors refrain from submitting detail cost and pricing data and use their commercial sales practice (CSP) rates contained in their awarded GSA/FSS contract?”

RESPONSE: Please see response to Question 20.

22.

L.7.3 Volume II – Technical Proposal, paragraph (b) (1) Page 75:

“All resumes must include a description of position duties and mandatory qualifications, as well as information about the qualifications of the individuals proposed relative to the position requirements, where applicable.”

Does this statement literally require individual resumes to restate the requirements for the particular labor Category prior to summarizing the individual’s qualifications and experience?

RESPONSE: The submitted resumes must clearly demonstrate the individual’s qualification relative to the duties and mandatory qualifications of the labor category to which they are being proposed.

23.

L.7.3.2 Technical Approach, PAST PERFORMANCE/EXPERIENCE The requirement for 5 Past Performance/Experience includes direction regarding the requirement and qualification of team members who exceed $10M in contract value but does not address the requirement for references of team members below that threshold.

Question: Will teaming partners references below the $10M threshold (1) be acceptable in lesser quantities than 5 and (2) will such references be counted as part of the prime bidders requirement for 5 references.

Question: Will the government count teaming partners references (less than $10M) against the offeror’ s requirement to submit 5 Past Performance/Experience references?

RESPONSE: See response to Question 17. There is no requirement for references below the revised threshold of $25 million, which is an aggregate amount over the life of the contract. Please note that teaming arrangements under Joint Ventures will be judged solely on the capabilities and track record of the joint entity that will be performing on and accountable under this contract. Therefore, the 5 past performance references shall be applicable to the joint entity as opposed to 5 references for each entity within the joint venture.

24.

L.7.3.2 Technical Approach, PAST PERFORMANCE/EXPERIENCE The government states that “The offeror should provide five (5) references for commensurate projects that are in progress or were completed within the past three years.”

Noting that the service sector supporting the seizure, management, and disposition of assets is limited to a few federal clients. Consequently, it is this vendor’s belief that the requirement for 5 references specific to the seizure, management, and disposition of assets will limit industry’s ability respond to the solicitation, curtail adequate competition, and offer the government limited award options.

Taking this into account, the government appears to be offering vendors an alternate to specific seized assets service references; i.e., to submit past performance/experience references which are “commensurate’ but not specific to the support of seized assets.

Question: Will the government reduce the requirement for 5 references to the government de-facto standard of 3 references?

RESPONSE: Please response to question 23.

Question: Will the government provide clarification on the use of the term “commensurate” references within the context of the requirement and what would be considered to be an acceptable “commensurate” reference?

RESPONSE: The references are not limited to Asset Forfeiture. “Commensurate” references could be within the context of any large volume projects related to those work examples listed in Section C.4.4 of the Statement of Work for which Secret and Top Secret clearances were required.

25.

L.7.3.2 Technical Approach paragraph (b) 4.: The Government requests that each team member proposed to work the aggregate amount of $10,000,000 must provide five (5) references. Given the estimated annual hours contained in the Pricing Table, the potential for numerous (10, 15 or more) past performance references exist. Please confirm if it is the Government’s intention to potentially receive numerous past performance references.

RESPONSE: Please see previous response to question 23.

26.

L.7.3.3 (a) ( Transition Plan (Offerors should, at a minimum, include the following information:

A strategy to assume operation control

A detailed approach to include(..

Proposed coordination, collaboration, and ((.

A conceptual model for transition and assumption of control

(Bolding our emphasis)

It appears that the two bolded references are essentially requesting the same information. It is requested that one of the elements cited be deleted.

RESPONSE:

In requesting a (strategy to assume operational control( the Government is asking offerors to provide a broad plan that includes its processes for staffing and possibly transitioning any incumbent personnel from the old to new contracts. The (conceptual model for transition( should include the information requested in Paragraph (b) of Section L.7.3.3.

27.

L.7.3.3 (a), (b) ( Transition Plan

(a) All current and on-going task orders under the existing PACS contracts will be recompeted after award of the new contracts giving all new contractors a fair opportunity. (Bolding our emphasis)

(b) For purposes of this Transition Plan, offerors should assume that the contract will be awarded on August 15, 2007, with the transition/start-up period to be completed - and full performance to commence - on October 1, 2007. They should further assume that they would be taking on responsibility for active, on-going work for which they do not currently have responsibility. Assume that this activity will be at a billing level of $20 million per year, and involve three DOJ Asset Forfeiture components. Assume that 65 Senior Investigator positions, all requiring a Top Secret clearance, will need to be filled, for three different Agencies/ Bureaus/Departments, none of which is in the Washington, DC metropolitan area.

Question: Since the existing task orders will be recompeted after contract award it is important that all offers have the most complete information available in order to present a comprehensive transition plan that meets the reality of the situation. The data provided in reference ((b)( is somewhat vague and will hamper the ability of a non-incumbent offeror from providing the requisite level of transition detail regarding the tasks. We request that the Government consider providing the full details of the tasks orders that are to be recompeted.

RESPONSE: The Government does not believe that it is necessary for offerors to have information on all current task orders in order to provide their Transition plans. Since it is our intent to award up to 3 contracts, it is anticipated that no single contractor would be required to transition to all current task order work. All current task orders will be re-issued after award under new Statements of Work; thus current work elements may change. The Government is asking offerors to provide a broad plan that includes its processes for staffing and a conceptual transition plan/model for the work outlined in Paragraph B above.

28.

L.7.3.3 What materials, documentation, user guides, etc. will be made available to the new contractor as part of the transition? Also, what are the contractual requirements of the incumbent in terms of their responsibilities during the transition period? Will we be provided a transition-out plan, if there is one?

RESPONSE:

Incumbent Contractors will continue to work and retain contractual responsibility during the transition period, which will include the recompetition of all task orders. For example, when new task order X is awarded in support of the ATF, the incumbent contractor will be transitioned off at the end of its performance period. The incumbent, however, will continue to work on any of their other existing task orders until those activities are recompeted and awarded. Incumbents will be required to provide new contractors with any working papers/documents necessary for task order completion.

As part of the transition phase new contractors will be provided with all new statements of work and task-order-specific security requirements, as well as all carry-over documentation from incumbent contractors.

SECTION M

29.

M.3 Technical Evaluation: “The Government will utilize a 5-point rating scale when assessing the proposals [5=exceptional, 4=very good, 3=good, 2=fair, 1=poor, 0=non-responsive]. The assigned rating for each factor is multiplied by the weight for that factor to compute a weighted point score.”

Question: Regarding the 5-point rating scale, can you further define Department of Justice’s rating criteria? Fir example, if you meet the evaluation criteria does that equate to a 2 or 3?

RESPONSE: The Government will not disclose the criteria associated with the 5-point rating scale.

GENERAL

30.

To what degree, if any, does this RFP result in the Offeror taking a role in selling/auctioning the seized assets either directly as the prime or indirectly through a subcontractor? To what degree, if any, does this RFP involve the Offeror in influencing the decision-making process on which vendors are chosen to sell/auction seized assets?

RESPONSE: This RFP does not involve the selling/auctioning of any assets. (For the record, seized assets cannot be disposed of since they are only "seized" and not forfeited.) All DOJ AFP forfeiture dispositions are handled by the US Marshals and are not a part of this contract.

31.

Have internal reviews been conducted regarding the performance of the program, including the contracted former law enforcement personnel and their work? If so, please can this information be made available to prospective bidders for review?

RESPONSE: The Government is not certain it understands what the questioner means by (internal reviews...regarding the performance of the program.( This program has not been (audited(. The three current contractors have been subject to performance evaluations in accordance with the terms of the contract by their federal clients. All three have been given average ratings of 4 or above on a 1 - 5 rating scale, with 5 being highest, in the categories Quality, Cost Control, Timeliness of Performance, Business relations, Customer Satisfaction, and Key Personnel. The Asset Forfeiture Management Program, in meetings with AFP Components, has been able to assess the benefit of these contracts to the forfeiture program and, thus, made the determination to solicit continued contractor support.

32.

A solicitation notice (DDJR-07-SS) for a small business set-aside was announced on March 12, 2007 relating to this opportunity. Will you make available the names of the small businesses that met the solicitation criteria?

RESPONSE: Those organizations who responded to the sources sought notice were included as Attachment J.6 of the solicitation. The list should not be construed as vendors meeting “the solicitation criteria”, or to be viewed as a recommendation or endorsement by the Government.

33.

The solicitation refers to a “DOJ Code of Ethics”. The document was not included in the solicitation.

RESPONSE: The complete text of the Standards of Conduct and the Department's supplemental regulations can be found at 5 C.F.R. § 2635, 5 C.F.R. § 3801 and 28 C.F.R. § 45. Access to the current information can also be found at the Department’s website: http://www.usdoj.gov/jmd/ethics/.