DJM-15-A32-R-0003_A0003.pdf

DJM-15-A32-R-0003

SF-30 Continuation Sheet

A0003

This solicitation is amended as follows:

A. Responses to offeror questions have been provided in this amendment.

B. The Solicitation subsections have been amended, corrected, or changed as follows:

1. For evaluation purposes, Offerors shall use the CBA rates for FY 2015 (October 1, 2014 to September 30, 2015) to determine rates for all periods; this includes Base Period and four option periods. Section M is hereby replaced in its entirety. See highlights for changes (M.6 Price Evaluation.)

2. A0001 and A0002 responses to questions were revised:

a. A0001: #37, 42, 43, 60, and 61

b. A0002: #1

3. Section J Attachment 1(E) Pricing Template: Has been corrected and replaced in its entirety. See highlights for changes.

4. There is no extension. Proposal due date remains unchanged as June 18, 2015 at 10 a.m., EST.

ATTACHMENTS:

1. SECTION M – EVALUATION FACTORS FOR AWARD

2. SECTION J ATTACHMENT 1(E) Pricing Template

DJM-15-A32-R-0003-A0002

1st, 5th, and 8th Federal Judicial Circuits

# SECTION SECTION NUMBER QUESTIONS ANSWERS

2 A0002 SF-30

The A0002 provides in block 11 that the solicitation is extended; however, no extension date was provided within the documents. Could the Government please clarify if the wrong checkbox was selected? If not, could the new solicitation due date please be provided?

A0002 page 1, block 11 was checked in error. There is no extension provided. Proposal due date remains June 18, 2015 at 10 a.m., EST.

M J

A0001 A0002

M.6 Attach J.1(E)

Questions 37, 42, 60, 61 Question 1

We believe that the Government's guidance under revised M.6 "For example, if a published CBA has rates for the base year, option year one, option year two, and then the CBA expires, offerors shall apply the applicable rates for the base through option year two and use option year two rates through option year four" provided in Amendment 0002, Question 1 is incorrect. Similarly the guidance provided in the revised Pricing Template is incorrect as well.

Section 4(c) of the SCA specifies that no contractor or subcontractor under a contract that succeeds a contract subject to this Act shall pay service employees less than the "wages and fringe benefits ... provided for in a collective bargaining agreement as a result of arms' length negotiations, to which such service employees would have been entitled if they were employed under the predecessor contract." 41 U.S.C. § 353 (c). This language requires that a successor contractor be liable for the CBA wages and fringe benefits of a predecessor contractor for a period of one "contract" only. See International Union of Operating Eng 'rs, BSCA Case No. 92-23, Jan. 27, 1993, at p. 5. In Operating Eng'rs the Administrator, relying principally on 29 C.F.R. § 4.145(a), treated a multi-year contract with basic year and option periods as separate contracts rather than a single contract and ruled that the predecessor's CBA did not apply to the first option year. The Board affirmed the Administrator's interpretation as reasonable and not inconsistent with the language and purposes of the SCA.

For the foregoing reason coupled with the language under FAR 52.222-43(b) which provides in relevant part, "(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause" we believe that it is incorrect to price option periods with specific CBA wage rates for said option periods. Accordingly please revisit the pricing guidance at Section M.6 and in the Pricing Template instructions.

Section M is replaced in its entirety titled "M -SECTION M Revised A0003" and attachment J.1.(E) Pricing Template is replaced in its entirety titled "Attachment 1(E) Pricing Template 1 5 8-Revised A0003."

# SECTION SECTION NUMBER QUESTIONS ANSWERS

3 A0001 Question 37: J.1(A) General

In regards to Collective Bargaining Agreements that do not expire until several years into the period of performance for the upcoming contract, for pricing purposes shall the hourly rates of CBA staff reflect only the initial period of performance of this contract?

The answer to A0001 Question 37 is replaced with this response: For pricing purposes, use the provided CBA hourly rate of FY15 (10/1/14 - 9/30/15) for the initial Base Period and Option Periods.

4 A0001 Question 42: J.1(A) 5th Circuit

After review of the CBAs for the 5th Circuit, it appears that all CBAs with the exception of SMS Jackson expire prior to the start date of this effort.

Will the Government confirm that each CBA will be in full force and effect on the new effort?

The answer to A0001 Question 42 is replaced with this response: For price evaluation purposes, use the provided FY15 (10/1/14 - 9/30/15) CBA rates for the initial Base Period and all Option Period pricing.

5 A0001 Question 43: J.1(A) 5th Circuit

The cover letter provided with select CBAs states that negotiations are still on-going between Akal and the union. It further states that if an agreement is not reached, the applicable SCA wage determinations will be in effect on 10/1/15.

The CBAs in question are NMS Oxford Independent, SMS Hattiesburg and Natchez, WTX Midland, and WTX Pecos.

1. Will the Government provide clarification as to whether or not CBAs between Akal and the unions have been ratified?

2. If no CBAs have been ratified between Akal and the Union, should offerors propose wages and benefits in accordance with the applicable wage determinations?

3. If SCA Wage determinations are to be used, will the Government incorporate the applicable WDs into the solicitation?

The answer to A0001 Question 43 is replaced with this response: At present the attached CBAs are the most recent. For price evaluation purposes, use the provided FY15 (10/1/14 - 9/30/15) CBA rates for the initial Base Period and all Option Period pricing.

6 A0001 Question 60: J.1(E) Pricing Template, and M.6 Price

Evaluation

The Pricing Template-Instructions tab, paragraph 5 directs the use of the current CBA wage rates for FY15, but lists the dates (10/1/2015 – 9/30/2016) which represent FY16. Additionally, subsection M.6-Price Evaluation directs the use of wages and benefits for 10/1/2014 – 9/30/2015 which is FY15. Please clarify which time period is used to input data into the Pricing Template.

The answer to A0001 Question 60 is replaced with this response: See attachment J.1(E) Pricing Template is replaced in its entirety titled "Attachment 1(E) Pricing Template 1 5 8-Revised A0003." See Revised Section M, replaced in its entirety, titled "M -SECTION M Revised A0003."

7 A001 Question 61: J.1(E) Pricing Template, and M.6 Price

Evaluation

The instructions in J-1(E) state that wages for 10/1/15 to 9/30/16 should be used. This contradicts M.6 Price evaluations, where Offerors are instructed to use wage and benefit rates for 10/1/14 to 9/30/15. Please confirm that M.6 is correct.

The answer to A0001 Question 61 is replaced with this response: See attachment J.1(E) Pricing Template is replaced in its entirety titled "Attachment 1(E) Pricing Template 1 5 8-Revised A0003." See Revised Section M, replaced in its entirety, titled "M -SECTION M Revised A0003."

# SECTION SECTION NUMBER QUESTIONS ANSWERS

8 A0002 Question 1: M.6 Price

Evaluation, J.1(E), A0001 Questions 37, 60, 61

The base period is (FY16) October 1, 2015 to September 30, 2016. Q&A 37 states: For pricing purposes, use the CBA hourly rate for the initial year and then use the applicable CBA rates for the applicable option years. Upon award, the terms and conditions of the CBA will be in effect until the date of expiration.

Q&A 60 and 61 only states, “See attachment J.1.(E) Pricing Template is replaced in its entirety titled "Attachment 1(E) Pricing Template 1 5 8-Revised A0001.”

The instruction tab Revised Attachment _1 (E)_Pricing Template states: For the purpose of this solicitation, use the current CBA wage rates for FY 15 (10/1/14 - 9/30/15) as provided in the solicitation. The old Attachment 1(E) said to use 10- 1-15 to 9-30-16. M.6 Price Evaluation states: For evaluation and award purposes only, the offeror shall apply the published Collective Bargaining Agreements (CBA) for hourly wage and benefit rates for the period October 1, 2014 through September 30, 2015, for the base year and all option periods.

Offerors shall not incorporate any other direct labor rates into their price proposal for any period beyond September 30, 2015. The instructions in Attachment 1E and M.6 contradicts the answer for Q&A37. Some of the CBAs have last effective dates of 10-1-11 to 10-1-13.

Question/Request for Clarification: Please clarify instructions.

1) Are bidders to use current rates in CBA`s that apply to FY16 and for options years when available or listed in the CBA?

2) Are we to disregard Q&A 37 and use FY15 rates, if stated in the CBA, for base and all option years?

The answer to A0002 Question 1 is replaced with this response: See Section M, replaced in its entirety, titled "M -SECTION M Revised A0003" and attachment J.1.(E) Pricing Template is replaced in its entirety titled "Attachment 1(E) Pricing Template 1 5 8-Revised A0003."