DOC52PAPT1100021 RFP QUESTIONS ANSWERS.pdf

Solicitation No: DOC52PAPT1100021 Administrative Support Services US Patent and Trademark Office

Solicitation Number: DOC52PAPT1100021

Title: RFP Questions and Answers

The following is a listing of contractor inquiries (questions) and Government responses (answers) with regard to this solicitation. Some questions and answers may have required editing to maintain the anonymity of the inquirer.

Questions = (Contractors)

Answers = (Government)

Question #1: ―you have given a few labor categories in the price table ie: Program

Mgr, General Clerk, Word Processor etc…..however, some of the task order duties and responsibilities don‘t seem to fit within these few labor categories….is it the expectation that we will fit all of the various tasks exclusively into the proposed labor categories….or will we have the flexibility to add as needed?

Answer #1: See Section B.2: ―Alternative labor categories derived from the Service

Contract Act may be used to substitute or augment the provided categories for both the base contract and subsequent task orders requirements.‖

Question #2: ―Section H.12 doesn‘t identify which positions are considered key personnel.‖

Answer #2: The contractor determines if they will propose key personnel. It is the resource, not the position, that is ―key‖.

Question #3: ―Is it the expectation the contractor will absorb the current incumbents staff?‖

Answer #3: The Government does not direct private industry hiring methodologies.

Also, the incumbent contract includes FAR 52.237-3 Continuity of Services clause.

Question #4: ―I want to confirm that the solicitation is NOT a draft. It states that it is a draft on the upper right hand corner of the Federal Business Opportunity notice.‖

Answer #4: Confirmed. It is NOT a draft. I am working with the technicians at FBO to remove the ―draft‖ stamp.

Question #5: ―Are we allowed to compete for this requirement if we use our GSA

Schedule for basis of competition/award?‖

Answer #5: The Government cannot make this decision for your company.

Question #6: ―Is teaming permitted, and is past performance of a team member/proposed subcontractor weighted differently?‖

Answer #6: The Government cannot make business decisions (i.e. teaming) for your company. The Government considers the evaluation factors of equal importance as stated in Section M.

Question #7: ―Can responses be accepted by non 8(a) certified enterprises for solicitation number: DOC52PAPT1100021?‖

Answer #7: The solicitation is clear in this regard. This requirement is available only to qualified 8(a) Program offerors.

Question #8: ―Is there an incumbent on subject solicitation?‖

Answer #8: This information was provided in the pre-solicitation notice via

Fedbizopps. This is a follow-on requirement to an existing contract.

Question #9: ―Is this a new requirement or is there an incumbent? If there is an incumbent, are they eligible for award?‖

Answer #9: See Q&A #8.

Question #10: ―Would you be able to provide the incumbent‘s name?‖

Answer #10: This information was provided in the pre-solicitation notice via

Fedbizopps. The incumbent is Chugach Industries.

Question #11: ―Is the SF33 considered the cover page? If so, is it the Government‘s intention to re-issue the SF33 to include a proposal due date? Is a completed RFP

(solicitation) a complete copy of the solicitation?‖

Answer #11: The SF33 is not the cover page of an offeror‘s proposal. A completed

RFP (solicitation) is a complete physical copy of the solicitation and it also includes the offeror provided ―fill-in‖ information therein (i.e. Section B, Section I, Section K, etc.).

Question #12: ―Can 11‖x17‖ paper be used for Organizational Charts, and if so will they count as 1 page or 2 pages toward the 12 page limitation?‖

Answer #12: Yes, 11‖x17‖ paper to be used for Organization Charts is acceptable.

One each 11‖x17‖ paper counts as one (1) page toward the 12 page limitation.

Question #13: ―Please refer to Section B.1, Page 2, third paragraph of the Solicitation states that Standard Hourly Rates shall be based on 40 hour work weeks and 2,080 hours per labor year. Is the Government going to pay for scheduled government holidays and other scheduled government closures?‖

Answer #13: Section L.3 of the solicitation states that ―A labor year includes vacation, holidays and sick leave allowances.‖ The Government cannot predict with precise accuracy the actual amount of fringe benefits of every employee considered for this requirement. Corporate fringe benefit packages vary from company to company. Therefore, the fully burdened labor rates provided by the offeror shall include all elements of cost accounting – including fringe benefits such as vacation, holidays and sick leave.

Question #14: ―Please refer to page Section B.4.1 starting on Page 3. Beginning at the top of the box for Task Area 1, the Maximum Estimated Quantity (Hours) is stated to be 230,880. If you add up each labor category under Task Area 1, the hours equal 136,933 hours. This leaves a difference of 93,947 hours.

Commencing to B.4.2 on Page 4, Task Area 2, The Maximum Estimated Quantity

(Hours) is stated to be 10,600. If you add up the Labor Categories under Task Area 2, the hours equal 8,453 hours. This leaves a difference of 2,147 hours.

Commencing to B.4.3 on Page 4, Task Area 3, The Maximum Estimated Quantity

(Hours) is stated to be 6,360. If you add up the Labor Categories under Task Area 3, the hours equal 4,213hours. This leaves a difference of 2,147 hours.

Commencing to B.4.4 on Page 4, Task Area 4, The Maximum Estimated Quantity

(Hours) is stated to be 2,120. If you add up the Labor Categories under Task Area 4, the hours equal 2,106hours. This leaves a difference of 14 hours.

Commencing to B.4.5 on Page 4, Task Area 5, The Maximum Estimated Quantity

(Hours) is stated to be 10,600. If you add up the Labor Categories under Task Area 5, the hours equal 10,533 hours. This leaves a difference of 67 hours.

Collectively this leaves a combined difference of 98,322 hours between the defined

Maximum Estimated Quantity (Hours) and the additive total of the Labor Category

Hours for the five Task Areas.

How are these 98,322 additional hours to be considered for the proposal?‖

Answer #14: This solicitation is based upon the fact that the Government cannot predict the exact amount of hours required throughout the life of the contract.

Therefore, the Government has selected a Labor Hour, Indefinite Delivery/Indefinite

Quantity type contract versus a more precise Firm Fixed Price type contract. The

98,322 additional hours represents the Governments best estimate of additional labor hours that may be required. The solicitation specifically states that proposals shall only contemplate the Standard Labor Hours provided for each year. Please refer to

Federal Acquisition Regulation (FAR) Subpart 16.5 Indefinite Delivery – Contracts for more details.

Question #15: ―Please refer to Section B.1, Page 2, third paragraph of the Solicitation states that Standard hourly Rates shall be based on 40 hour work weeks and 2,080 hours per labor year. Sections B.4.1 through B.4.5 Identify a Labor Category of a

Program Manager. The additive hours for the Program Manager for all 5 Task Areas defined in B.4.1 through B.4.5 add up to 2,078 Hours. Should the Program Manager be proposed for less hours than the 2,080 defined in Section B.1?‖

Answer #15: This was a rounding error. The Government will amend the solicitation to reflect 2,080 hours per labor year for the Program Manager. Also, refer to Section

L.3 of the solicitation that states: ―A labor year includes vacation, holidays and sick leave allowances.‖

Question #16: ―Is a cover letter excluded from the proposal page count?‖

Answer #16: Yes. Please refer to Section L.1.1.b of the solicitation that states:

―Volume I (Technical), not-to-exceed twelve (12) pages, consisting of one (1) paper original and three (3) copies. Page count does not include the cover page, table of contents, tab dividers, key personnel resume(s) or past performance questionnaires;‖

Question #17: ―Is a short Executive Summary of the Technical Proposal excluded from the page count?‖

Answer #17: No.

Question #18: ―Page 48, paragraph 1.1.1 (b) of the RFP states that past performance questionnaires are not included in the 12 page proposal limit. Questionnaires are sent directly to PTO from our clients and are therefore not included in our technical proposal. Is this sentence meant to imply that the offeror‘s discussion of relevant corporate experience and contract write-ups of bidder Past Performances are excluded from the page count?‖

Answer #18: No. Please refer to Section L.2.1.1 that states: ―The offeror shall submit, in its proposal, past performance information for at least three (3) contracts or task orders completed or are currently performing, for the past three years (i.e. dating from 1 July 2008) which are considered to be relevant to the effort required by this solicitation.

Question #19: ―The RFP seems to be using 2080 hours for a person year. Does this imply that the contractor will be required to provide coverage during government holidays?‖

Answer #19: No. Please refer to Section L.3 of the solicitation that states: ―A labor year includes vacation, holidays and sick leave allowances.‖

Question #20: ―Is it possible to provide the RFP as word documents to simplify completing the required RFP submission with the required information?‖

Answer #20: No.

Question #21: ―Page 2 of Section B states ―Although hours, level of effort and rates are provided, the government encourages the contractor to provide their best solution

(i.e., mix of labor rate prices, level of effort and labor categories) to meet the requirements of the statement of work.‖ This statement leads one to believe that bidders may bid any number of hours regardless of the hours provided in Schedule B.

This does not seem to make sense because on Page 51 of the RFP it is stated ―The

Government anticipates making a single award contract, whereby, it will provide individual task orders for each task area based on fixed labor category rates….‖

Please clarify whether the hours provided in the tables in Section B are those required to be bid or if bidders can bid any number of hours they wish.‖

Answer #21: The hours and labor categories provided in Section B are based on historical levels of effort. If the offeror can provide the Government with a better solution (i.e. lower price, better value, etc.) they are encouraged to do so.

Furthermore, stating that task orders will be issued based upon the fixed labor category rates that will be provided by offeror‘s does not contradict the flexibilities allowed in arriving at those rates.

Question #22: ―In order for bidders to complete the pricing tables in Section B requires us to estimate the number of overtime hours in each labor category. No information is provided in the RFP which would allow any estimate of overtime hours versus regular hours. Please clarify.‖

Answer #22: Section B.3 states that ―Overtime (OT) rates are for future use/planning purposes only and should not be calculated as an element of price.‖

Question #23: ―Pgs 49, Section L.2.2.1. It appears that all of the information in

Factor 1, Subfactor (a) will be obtained from questionnaires received and other sources and that nothing is required in the offeror‘s proposal related to Subfactor (a).

Please clarify.‖

Answer #23: Section L.2.2.1 does not state that ―nothing is required in the offeror‘s proposal related to Subfactor (a).‖ In addition to the questionnaires that offerors are required to submit (§L.2.1.2), §L.2.1.1 specifies past performance information that must be provided in an offeror‘s technical proposal. The elements in the subfactors are in alignment with the elements in the past performance questionnaire.

Question #24: ―Pgs 49 and 50, Section L.2.2.1. It appears that all of the information in Factor 1, Subfactor (b) except that discussed in the last paragraph under Subfactor

(b) will be obtained from questionnaires received and other sources and that the only item required in the bidder‘s proposal is a response to the last paragraph. Please clarify.‖

Answer #24: See Q&A #23.

Question #25: Section B.2 Labor Rates and Level of Effort. The government does not provide labor category descriptions for the categories identified in section B.4.

Please clarify what requirements the Government has for these labor categories.

Answer #25: Refer to Section I.2.7 of this solicitation and the SCA website for more details.

Question #26: ―Section C.2.1.1.7 Supply Management. Is there an existing system for automatic replenishment of supplies, or is this a new requirement?‖

Answer #26: Yes.

Question #27: ―Section C.2.1.1.8 Tracking and Reporting. Is there an existing project tracking process, or is this a new requirement?‖

Answer #27: Yes.

Question #28: ―Section C.2.1.2.4, states that ―The USPTO is presently engaged in a major redesign/replacement of all Patent automated systems.‖ Is the system for automatic replenishment specified in Section C.2.1.1.7 included in this USTPO effort?‖

Answer #28: There is no correlation between USPTO‘s complex ―major redesign/replacement of all Patent automated systems‖ and administrative ―supply management‖. They are unrelated systems.

Question #29: ―Section E.1 Quality Assurance Surveillance Plan (QASP). The government does not provide a delivery schedule for the QASP. Please clarify by when the government requires receipt of the contractor‘s QASP.

Answer #29: The Government will provide delivery schedules, as required, via issuance of individual task orders for each task area.

Question #30: ―Section H.6, PTO-12 Security Requirements, subsection (f). It is noted that ―Within 5 days after contract award, the Contractor shall certify in writing to the COR that its current employees, in performance of the contract, have completed initial IT security orientation training … in accordance with DOC IT

Security Program Policy, chapter 15, section 15.3‖. Is a transition period, for example a 30-45 day period, to be provided to allow for training and processing of employees under this requirement?‖

Answer #30: IT Security Orientation Training typically takes about one hour to complete. Refer to FAR 52.237-3 Continuity of Services with regard to a transition period.

Question #31: ―Section H.6, PTO-12 Security Requirements, subsection (i)

(3). Reference is made to quarterly POA&M updates. Is the development of a

POA&M a deliverable under this contract and if yes, what is the schedule for development and submission?‖

Answer #31: The Government will provide delivery schedules (i.e. POA&M), as required, via issuance of individual task orders for each task area.

Question #32: ―Section L.2.2(e) Key Personnel (referral to section H.12). The government does not provide any information regarding the requirements, labor category, or labor description for Key Personnel. Please clarify the government‘s requirements for Key Personnel for this effort.‖

Answer #32: The contractor determines if they will propose key personnel. It is the resource, not the position, that is ―key‖.

Question #33: ‗Section L.2.2 provides information on the Management Approach. Is the response to this requirement to be included in the 12-page limit for the technical proposal?‖

Answer #33: Yes.

Question #34: ―Are there specific requirements for font, font size (text), Margin, font size for tables, single sided print etc?‖

Answer #34: The solicitation does not provide such requirements, however throughout Section L of this solicitation, the Government uses terms such as

―simple‖, ―clear‖ and ―concise‖ with regard to proposal information.

Question #35: ―L.1.1 Proposal Content: Should the ―Completed RFP (solicitation) with a signed cover page be a volume by itself? Or should it be incorporated into

Volume II (Price)?‖

Answer #35: Yes.

Question #36: ―How many calendar days should the offer of acceptance be?‖

Answer #36: Block 12 of the Standard Form 33 of this solicitation shall be completed by the offeror.

Question #37: ―Section - L.2.2 Management Approach (Evaluation Factor 2) - d.

External Resources: Describe, if applicable, the extent to which any additional external resources may be utilized to meet the requirements of the statement of work. Is the Government referring to External resources to the Contract Team or to the Corporate Organization? Also could you please provide examples of External

Resources?

Answer #37: ―External‖ resources can be defined as entities other than the offeror -such as subcontractors, consultants, etc.

Question #38: ―Is Program Manager the only Key Person on the contract – as required by the government?‖

Answer #38: See Q&A #2.

Question #39: ―Is Program Manager based on Contractor or Government site?‖

Answer #39: Sections C.1 states ―The contractor shall provide agency-wide onsite administrative, operational and program management support services. Therefore, it is up to the offeror to provide their management approach to fulfilling this requirement.

Question #40: ―On page 52: Please clarify what the government means by ―Actual or

Proposed‖?‖

Answer #40: ―Actual‖ refers to existing employees or resources that have historical data related to the information discussed on page 52. ―Proposed‖ refers to non-existing employees or resources that are to be proposed by the offeror to fulfill the contract requirements.

Question #41: ―On Page 3 – section B.4: For Task Area 1, please clarify what does the ―The maximum Estimated Quantity (Hours)= 230,880 represent? The total hours across all labor categories add up to: 136,933. The total hours across all labor categories and CLINs add up to: 684,665‖.

Answer #41: This solicitation is based upon the fact that the Government cannot precisely predict the exact amount of hours required throughout the life of the contract. Therefore, the Government has selected a Labor Hour, Indefinite

Delivery/Indefinite Quantity type contract versus a more precise Firm Fixed Price type contract. The maximum estimated quantity (hours) represents the Governments best estimate of additional labor hours that may be required. Furthermore, the solicitation specifically states that proposals shall only contemplate the Standard

Labor Hours provided for each year. Please refer to Federal Acquisition Regulation

(FAR) Subpart 16.5 Indefinite Delivery – Contracts for more details.

Question #42: On Page 3 – section B.4: For Task Area 1, please confirm that for each CLIN and Labor category, the offereor has to propose the hours to be worked at

Standard Rate (Std) and Overtime Rate (OT) with a total number of hours as given in the hours column. For example in the case of Program Manager the offeror has to propose how a total of 1733 will be worked as Std and OT for each CLIN – Please confirm and/or clarify.‖

Answer #42: Section B.3 states ―Overtime (OT) rates are for future use/planning purposes only and should not be calculated as an element of price.‖

Question #43: ―On page 52: Please confirm that the ―The Fully Burdened Labor category Rate‖ are to be provided for Standard Rates Only? As the offeror may be using OT rates – do they need to provide government their OT rates, if yes where?‖

Answer #43: Yes, in the Price Volume II.

Question #44: ―On page 52, item e : Please clarify whether the contractor has to show the Fringe Benefits, Overhead, G&A, and Profits for each labor category or just has to make sure that all contract prices are inclusive of the above items?‖

Answer #44: Section L.3 of this solicitation states ―In addition to filling in its fixed price labor rates in the spaces provided for them in Section B of the RFP, the offeror shall provide, in its Price Volume (Volume II), the following data other than certified cost or pricing data:‖.

Question #45: ―How many Full-Time Equivalent personnel are supporting the current contract and at what location(s)?‖

Answer #45: There are approximately 75-80 full-time equivalent contractor personnel at the only site location of Alexandria, VA supporting the current contract.

Question #46: ―Will the Government allow a transition period to facilitate the successful transition of services from the incumbent contractor?‖

Answer #46: Please refer to the contract FAR Clause 52.237-3 Continuity of

Services. See also Q&A #30.

Question #47: ―Will this be a single award IDIQ or is a multiple award is anticipated?‖

Answer #47: Section B.1 of this solicitation states ―The Government anticipates making a single award contract and issue task orders for each task area based on fixed labor category rates and quantities‖.

Question #48: ―Only an incumbent or a contractor working within the USPTO will know how to optimize the Level of Effort (LOE) based on the level of work being currently executed. For the Government to get competitive bids either the

Government should provide a detailed list of the FTE‘s within each group and the ratio of government employees to support contractor personnel so that bidders can arrive at a fair assessment or alternatively break down the labor hours against each labor category per discipline (1600, 1700, 2100….) as above.‖

Answer #48: The solicitation specifically provides LOE, labor categories, labor descriptions and equivalent rates for Federal Hires for such optimization and fair assessment. Refer to Sections B and I of this solicitation for details.

Question 49: ―We understand that the Government will provide training on updates/modifications/replacements to the PALM system. However, will the

Government provide training on the existing PALM system and the required functions, or are the competing companies expected to have extensive prior knowledge of the system and pertinent functions?‖

Answer #49:. Contractor personnel placed under this contract are expected to be trained in commonly-used office systems, i.e. Microsoft Office Suite. Where required, the USPTO will provide additional training on USPTO-specific systems such as PALM.

Question #50: The contractor‘s pricing shall include coverage of all Service Contract

Act price increases over the life of the contract‖ Can we have more detail to what is expected here. Are we to project anticipated SCA wage increases and include these projections in our cost proposal?

Answer #50: Section B.1 of this solicitation will be amended to remove this requirement.

Question #51: ―Tables B-3 and B-4 don‘t agree on CLIN structure. B-3 has Task 1 made up of CLIN‘s 0001, 0002, 0003, 0004 and 0005 while Table B-4 has Task 1 as

0001, 1001, 2001, 3001 and 4001. Please clarify.‖

Answer #51: The Government will revise Section B.3 in a subsequent solicitation amendment to clarify. The first digit of each CLIN signifies each year and the last digit signifies the Task Area. For example:

Base Year, Task Area 1 = CLIN 0001;

Base Year, Task Area 2 = CLIN 0002;

Base Year, Task Area 3 = CLIN 0003;

Base Year, Task Area 4 = CLIN 0004;

Base Year, Task Area 5 = CLIN 0005.

Therefore, CLIN 0001+0002+0003+0004+0005 = Base Year Total ―roll up‖ price.

Question #52: ―Section H-12 defines no office space provided or any requirements for program manager office space. Is it the government‘s intention to provide on-site office space for the program manager? If not, are there distance requirements for contractor provided program manager office space?‖

Answer #52: The Government does not intend to provide on-site office space for the

Program Manager. There is no distance requirement for contractor provided program manager office space.

Question #53: ―Re; L.1.1.b ….b. Volume I (Technical), not-to-exceed twelve (12) pages, consisting of one (1) paper original and three (3) copies. Page count does not include the cover page, table of contents, tab dividers, key personnel resume(s) or past performance questionnaires; Question – Should ―past performance questionnaires‖ actually read…‖past performance examples‖…as the questionnaires will be sent to clients?‖

Answer #53: See Q&A #23.

Question #54: ―What are the qualifications you expect for the Palm troubleshooter technician?‖

Answer #54: The Government has provided the requirements for PALM troubleshooting in Section C.2.1.2.

Question #55: ―Will training be provided for contractor personnel with respect to the

Momentum Financial System?‖

Answer #55: See Q&A #49.

Question #56: ―Is the government requesting at least three (3) Past Performance

Questionnaires from both the prime and their major subcontractors for a total of at least six (6) or at least a total of three (3) Past Performance Questionnaires from both the prime and their major subcontractors combined?‖

Answer #56: See Q&A #89.

Question: #57: ―Will the government provide the position title(s) and job description(s) for the required Key Personnel?”

Answer #57: The contractor determines if they will propose key personnel. It is the resource, not the position, that is ―key‖. The Key Personnel clause is for the contractor to ―fill-in‖ as part of the RFP submittal.

Question #58: ―Each row in the table in Section B.3 of the RFP requests yearly totals for each Task Area, however the CLINs listed in each row do not all correspond to the referenced Task Area. Please advise if there will be any changes to the requirements for this table.‖

Answer #58: The labor categories within CLINs 0001, 1001, 2001, 3001 and 4001 correspond to Task Area 1. Also, see Q&A #51.

Question #59: ―Are the hours provided in Section B.4.1 for each labor category per year? If so, is there any correlation between the annual hours provided and the

―Maximum Estimated Quantity (Hours)‖ for each Task Area?

Answer #59: Yes. The correlation is that for an Indefinite Delivery/Indefinite

Quantity (IDIQ) type contract, the FAR requires a minimum quantity, an estimated maximum quantity and/or a not-to-exceed quantity or amount.

Question #60: ―Section L.3, Price (Volume II), refers to Section B – Supplies or

Services and Prices/Cost Schedule. Should Section B be included in Volume II in addition to being included in the completed RFP requested in Section L.1.1?

Answer #60: The Government does not require that the information provided in

Section B be included in Volume II.

Question #61: ―Section L.3, Price (Volume II) requests data to be provided (e.g.

matrix form) in addition to the Section B requirements. The additional data requested seems to be identical to the information in Section B. Can a sample format be provided to clarify the requirement?‖

Answer #61: A sample format will not be provided as it may limit the offeror‘s ability to convey their information.

Question #62: ―Are resumes required to be submitted for all contractor personnel proposed wthin each labor category of each task area or only for key personnel?‖

Answer #62: No. Section L.2.2.e states ―Key Personnel‖: Provide resume(s) for proposed key personnel (refer to Section H.12 for additional information).

Question #63: ―Reference is made to Task Area 4 - Trademark Trial and Appeal

Board Support (TTAB), located on page 17 of the solicitation. It appears that there will be a significant level of effort required to support the document preparation, scanning, file and records managment functions of this area. However, in reviewing

Section B4.4, there is a single general clerk identified to execute the aforementioned tasks. Please explain.‖

Answer #63: Section B.2 states ―Although hours, level of effort and rates are provided, the Government encourages the contractor to provide their best solution

(i.e. mix of labor rate prices, level of effort and labor categories) to meet the requirements of the statement of work. Alternative labor categories derived from the

Service Contract Act may be used to substitute or augment the provided categories for both the base contract and subsequent task orders requirement.‖

Question #64: ―Is there a facilities clearance requirement for the prime contractor?‖

Answer #64: Section H provides offeror‘s special contract requirements that includes facility clearance requirements.

Question #65: ―What is the current level of contractor personnel in place if there is a current contract? How many in each position?‖

Answer #65: Section B of the solicitation provides the expected level of effort for each position.

Question #66: ―How is Section K. Representations & Certifications supposed to be submitted since it is listed outside of Volume I and Volume II but is part of the completed RFP (solicitation)?‖

Answer #66: FAR Clause 52.207-4 is incorporated into this solicitation, therefore, offeror‘s shall be electronically registered in the Online Representations and

Certifications Application (ORCA) website at http://orca.bpn.gov. Please follow the instructions associated with this clause. Only status changes shall be provided in the

―fill-in‖ portion in Section K, paragraph (d) of the RFP (solicitation).

Question #67: “SCA- mandated increases are out of the contractor‘s control. Is it the government‘s intent that the contractor simply acknowledge that its pricing will include coverage of all SCA price increases after the adjustments stipulated by FAR

52.222-43?

Answer #67: See Q&A #50.

Question #68: ―Is it the intent of the government that the offeror should propose only

2,078 hours for the program manager.‖

Answer #68: See Q&A #15.

Question #69: ―Section B.4, CLIN Labor Category Rates and Hours: It appears to be a roll-up of the total price for each year. But is unclear whether the government would like those yearly prices By Task Area or by the CLINs listed on each line. For example the line for Task Area 1 includes CLIN, 0001,0002,0003,0004 and 0005. But these are the first year CLIN for all Task Areas. Could the government please clarify?‖

Answer #69: The Government would like all the applicable boxes filled in Section B as required. See solicitation amendment for revised Section B.

Question #70: “Section B.4, CLIN Labor Category Rates and Hours: The tables in

Section B.4 list the maximum estimated quantity (hours) for each task area; however, the hours that are broken down by labor category do not total the maximum estimated quantity (hours).‖

Answer #70: This is an Indefinite Delivery/Indefinite Quantity (IDIQ)-type contract.

Please refer to the FAR clauses that define the use of IDIQ-type contracts and the need for a minimum quantity, estimated maximum quantity and/or a not-to-exceed quantity or amounts. Furthermore, the Government is providing the first year of expected quantities so that offeror‘s have a reasonable expectation of the level of effort and labor hours required. At some point in time, the Government MAY order increased quantities but, at this time, cannot accurately predict what they may be over a five (5) year period.

Question #71: ―Can the government clarify what the difference is between the maximum estimated quantity (hours) and the number of hours offerors are instructed to include in their price roll-up?

Answer #71: See Section B.3 for clarification of these differences.

Question #72: ―Will the Government furnish space and /or equipment for the contractor‘s Project Management Office?

Answer #72: No.

Question #73: ―Section C.2.3, Task Area 3 – Office of General Counsel (OGC), Office of General Law (OGL), Scope of Work: (a) The second paragraph of this http://orca.bpn.gov/ section consists of one sentence, which appears to be missing a word or phrase; will the government please clarify?‖

Answer #73: The Government will revise this portion accordingly in a subsequent solicitation amendment.

Question #74: ―In the last paragraph of the ―Scope of Work‖ section, among the services required are ―delivery services‖ to various places, including the post office.

If this is the U.S. Post Office, will the contractor be required to have a vehicle to make such deliveries?

Answer #74: Delivery Services is on the USPTO campus to include our internal mailroom. It would be an unusual delivery circumstance for a contractor to leave the

USPTO campus. However, if required, USPTO would provide a voucher for transportation (i.e. taxi cab).

Question #75: “Reference: Section C.2.3.1.1, Project Management: (a) It is not clear if this section is talking about project management of this contract or of other contracts; please clarify. (b) Also, can an estimate be provided of the number of reporting and monitoring plans?‖

Answer #75 : Section C.2.3.1.1 Project Management is applicable for this contract only. Reporting and monitoring plans will be provided upon task order issuance.

Question #76: ―Reference: Section E.1.2.2, Surveillance: This section makes several references to reduced payment for subpar performance. Is there a formula that will be used to determine the amount of the reduced payment should such an event occur?

Answer #76: Performance metrics and policies will be provided, if required, upon issuance of each task order for each task area.

Question #77: “Reference: Section I, Contract Clauses: While it is clearly stated in other parts of the solicitation that the contract is covered by the Service Contract Act, the clauses required are not included in Section I. We request that the following clauses be added, as required by FAR 22.1006:

FAR 52.222-41 Service Contract Act of 1965

FAR 52.222-43 Fair Labor Standards Act & Service Contract Act-Price Adjustment

(Multiple Year and Option Contracts)

FAR 52.222-44 Fair Labor Standards Act and Service Contract Act—Price

Adjustment‖

Answer #77: The appropriate clauses will be included, if required, by solicitation amendment.

Question #78: “Reference: Section J.2, Attachment (2) – Service Contract Act (SCA)

Wage Determination: Revision Number 12 of Wage Determination Number 2005-

2104 was provided with the solicitation. Revision Number 13 was released

6/13/2011and includes revised fringe benefits rates. May revision 13 be used instead?

Answer #78: The latest/updated SCA Wage Determination will be included by solicitation amendment.

Question: #79: ―Reference: Section L.3, Price (Volume II), ―Hourly rates shall be based on a 40-hour work week and 2,080 hours per labor year. A labor year includes vacation, holidays and sick leave allowances.‖ The tables in Section B.4, starting on page 3, are based on 2080 hours per labor year. Is it the government‘s intent that the contractor invoice for 2080 hours for each FTE? Further, does this mean that, when the primary employee for that particular position is on leave or holiday, the position must be backfilled by another employee?‖

Answer #79: Section L.3 of the solicitation states that ―A labor year includes vacation, holidays and sick leave allowances.‖ The Government cannot predict with precise accuracy the actual amount of fringe benefits of every employee considered for this requirement. Corporate fringe benefit packages vary from company to company. Fully burdened labor rates provided by the offeror shall include all elements of cost accounting – including fringe benefits such as vacation, holidays and sick leave. Therefore, the Government does not intend for the contractor to invoice for 2,080 hours. Further, for additional clarification: 2,080 labor hours (basis) minus

(-) corporate fringe benefits (i.e. vacation, holidays and sick leave) equals (=) invoice value amount.

Question #80: “Reference: Section L.3, Price (Volume II), next to last paragraph in the section, ―… the offeror shall indicate whether the data being provided is actual or proposed.‖ Please clarify the intent of this statement.

Answer #80: ―Actual‖ refers to existing employees or resources that have historical data related to the information discussed on page 52. ―Proposed‖ refers to non-existing employees or resources that are to be proposed by the offeror to fulfill the contract requirements.

Question #81: “Reference: Solicitation Attachment 1, Past Performance

Questionnaire, Adjectival Table of Ratings states: ―Excellent (E) – Proposal demonstrates a superior understanding …‖ We believe that the intent was

―Performance demonstrates a superior understanding …‖ and similarly for the other ratings. We recommend that the Questionnaire be amended.‖

Answer #81: The Past Performance Questionnaire will not be amended. If the referring activity finds this wording confusing or requires clarification, the

Government will respond to those individual requests.

Question: #82: ―Current wage determination in the RFP is 05-2104. Previous contract used 2103, should it continue as an odd numbered series?‖

Answer #82: USPTO may address this issue via subsequent solicitation amendment if required.

Question #83: ―Contractors are encouraged to provide their best solution (i.e.mix of labor rate prices, level of effort, and labor categories). While the allowable scope of the future task orders is very well defined in the RFP, there is not enough data about the volume of work to be performed or the administrative support positions to be provided to effectively propose an alternative level of effort. Please clarify your intent in paragraph B.2 with respect to alternate levels of effort.‖

Answer #83: If the offeror feels that they have an alternative labor mix than the one identified in Section B., they are encouraged to provide it in their proposal.

Question #84: ―The RFP provides a maximum estimated quantity of hours for each task that is greater than the sum of the hours for the labor categories for that task. For example, Task 1 Maximum estimated hours are 230,880 however the sum of the 4 labor categories is 136,933 (1733+24,960+93,600+16,640). If this was intentional, please explain how the two numbers should be interpreted.‖

Answer #84: Yes. The ―136,933‖ represents the basis of a complete labor year (2,080 minus fringe benefits). The ―230,880 represents the basis for the maximum estimated hours that the Government must provide for an Indefinite Delivery/Indefinite

Quantity (IDIQ)-type contract, whereby, a minimum quantity/value and maximum quantity/value are provided as required by the FAR.

Question #85: ―Can the government provide more specifics about the workspace and conference room availability afforded the contractor. Will the government provide workspace for the contractor to perform the transition activities (interviews, employee orientation, on boarding, etc)?‖

Answer #85: No. Workspace and required Government Furnished

Equipment/Supplies (GFE/S) are provided only for ―on-site‖ support staff to accomplish the requirements of the statement of work.

Question #86: ―Does PTO record contractor time in a workload management system?‖

Answer #86: No. Contractors are expected to record their own employees labor hours expended (time).

Question #87: ―The Key personnel section does not indicate any required key personnel. Please clarify the key personnel requirement.‖

Answer #87: See Q&A #2.

Question #88: ―Section L.2.1.1 - Does the proposal require three past performance references from the prime contractor (offeror) in addition to past performance references from a proposed major subcontractor? Or may the minimum of 3 past performance references be a combination of prime and subcontractor references?‖

Answer #88: See Q&A #89.

Question #89: ―If a prime has two ―major subcontractors‖ we interpret the requirement for Past Performance Questionnaires to be 9 total (3 from the prime, and

3 from each subcontractor). Is this what PTO intended?‖

Answer #89: Yes.

Question #90: ―Will PTO accept past performance references from PTO clients that were completed prior to 1 July 2008?‖

Answer #90: No.

Question #91: ―Section L.2.2 - What does PTO consider ―External Resources‖ to be?

Does PTO consider subcontractors to be external resources or is PTO referring to contractor provided equipment or IT systems?‖

Answer #91: External resources can be defined as entities other than the offeror -

Question #92: ―Section B.1 Page 2 ―The contractor‘s pricing shall include coverage of all Service Contract Act price increases over the life of the contract.‖ We are not aware of the SCA labor rates for the next 5 years, (DoL site only lists 2011 information.) Would PTO be open to annual equitable adjustments?‖

Answer #92: See Q&A #50.

Question #93: ―Section B2 – will PTO require all positions to be full time employees or will some task orders be short term / part time requirements?‖

Answer #93: It is up to the contactor to determine their management approach with regard to employee status. Task area hours and level of effort is stated in Section B.

Question #94: ―Section 1.3.2 Kickoff meeting – besides the key personnel and PTO staff – who does PTO expect to attend the kickoff meeting?‖

Answer #94: If the contractor would like personnel other than management and key personnel to attend the Kick-off Meeting, they can make the request in writing to the

Government.

Question #95: ―Section 1.3.3 project manager vs. program manager B.4.1 please confirm that project and program manager terms are interchangeable for this solicitation, if not interchangeable please provide the variances in work requirements.

Answer #95: The terms ―project manager‖ and ―program manager‖ are interchangeable for this solicitation.

Question #96: ―Section C2.1.1 Task Area 1 Please clarify the program / project manager requirements vs. general clerk, word processor and computer specialist roles. Most of the requirement is focused on the services needed from clerks, word processors or computer specialist roles, and not specifically a program manager role.‖

Answer #96: Refer to Federal Acquisition Regulation (FAR) Part 37, Service

Contracting for more details. Whereby, for this requirement, the Government requires the contractor to supervise and be responsible for the performance of their own employees.

Question #97: ―Section H.12 – The key personnel required for this contract is blank, please clarify which positions will be considered key.‖

Answer #97: See Q&A #2.

Question #98: ―Is the incumbent eligible to bid on this opportunity?‖

Answer #98: The Small Business Administration (SBA) is the entity that makes 8(a)

Program eligibility determination.

Question #99: ―Can the government provide work load date for each of the tasks?

Answer #99: The schedule for deliverables shall be provided upon issuance of each task order for each task area.

Question #100: ―Based on Schedule B provided (pg 3) please clarify how to submit pricing information. For example, in Box 1 it has CLINs 0001,1001,2001,3001, 4001 and Task Area 1 please explain how the Government wants to breakdown cost for those CLINs because the CLINs provided are associated with task areas 1-5 verses

Task Area 1.‖

Answer #100: Section B.2 states ―Table B.3 is provided to roll-up the Task Area total prices using Standard hours for each period of performance from Section B.4. Also, see Q&A #51.

Question #101: ―Clause L.2.2 e [page 51] ―Key Personnel‖ refers to Clause H.12

[page 38] and resume requirement. Neither clause identifies what positions are to be

―Key‖ and therefore require a resume. Is the Program Manager the only Key

Personnel? If not, what other positions are included?‖

Answer #101: See Q&A #2.

Question #102: ―H.7, page 35-6 defines the security processing requirements for personnel working on the DOC/USPTO site or IT system for high and moderate risk contracts. Is this contract a high or a moderate risk contract?‖

Answer #102: Moderate.

Question #103: ―Do all positions within this contract require the same security clearance requirements? What clearance level? If not, what is the breakdown for each task area and positions within?‖

Answer #103: Yes.

Question #104: ―Must the security clearance be obtained prior to the award? Will an interim clearance be acceptable while the clearance is being processed?‖

Answer #104: Yes.

Question #105: ―Beyond the working knowledge of the Microsoft Office Suite for

Task Area 2 [C.2.2.4.1, page 13]; two years direct or equivalent experience for the project management [C.2.3.1.1, page 16], experience in customer service and database administration for Task Area 5 [C.2.51, page 18]; and, importantly, the ability to perform all the identified tasks does the Government require any other experience and/or education for any of the positions?‖

Answer #105: Experience and skill level requirements are identified in Section C and

Section I of this solicitation.

Question #106: ―Is the Troubleshooter Support [C.2.1.2, page 9-11] to be performed by the System Analysts?‖

Answer #106: It is incumbent upon the contractor to make this type of management decision.

Question#107: ―Does CTS refer to the Troubleshooter Support position? What does this acronym stand for?‖

Answer #107: Please refer to Attachment (3) entitled ―Acronyms and Definitions‖ of this solicitation. Whereby, ―CTS‖ is defined as Contractor Troubleshooter.

Question #108: ―What is the current Leave and Sick Time Policy for the incumbent‘s staff who have been employed/contracted for over two years?‖

Answer #108: Please refer to Attachment (2) ―Service Contract Act Wage

Determinations‖ for employee fringe benefit requirements as well as the Department of Labor‘s website http://www.dol.gov for all Service Contract Act laws and regulations.

Question #109: ―What employment benefits is the Government requiring?‖

Answer #109: Please refer to Attachment (2) ―Service Contract Act Wage

Determinations‖ for employee fringe benefit requirements. Also, see Q&A #108.

Question #110: ―Can the invoices be sent electronically?‖

Answer #110: Please refer to Section G.6 Electronic Payment Information for more information regarding electronic payment.

Question #111: ―What is the invoice frequency? Weekly, bi-weekly, or monthly?

Answer #111: Refer to Section B.7 Invoicing for invoice frequency expectations.

Question #112: ―In Section M.2.2 (Page 54) Management Approach, External

Resources are listed as one of the Evaluation Subfactors; please define external resources as they relate to this scope. For example, are they resources outside of this contract/award?

Answer #112: ―External‖ resources can be defined as entities other than the offeror -

Question #113: ―Q2: The incumbent contract indicates a value of $27M+ annually. Is this a re-compete of that effort? If yes, please explain the significant change in level of effort.‖ http://www.dol.gov/

Answer #113: DOC52PAPT1100021 is a re-compete of DOC50PAPT0601019. For the present requirement, the Government has conducted an Independent Government

Cost Estimate (IGCE) to determine current and future levels of effort.

Question #114: ―Is performance under this award expected at any location other than onsite at 600 Dulany Street, Alexandria, Virginia 22313?‖

Answer #114: Please refer to Section F.3 Place of Performance for details.

Question #115: ―Will any of the work performed under this award be expected to occur in the evening or on weekends or holidays?‖

Answer #115: Please refer to Section C.1.3 General Contract Requirements for hours of operation and Section F.5 holiday observance details.

Question #116: ―Section L states that Key Personnel will be evaluated in accordance with H.12. Section H.12 lists two blank positions for Key Personnel, and does not provide their job titles. Please define the Key Personnel by Position Title(s) and description of duties.‖

Answer #116: The contractor determines if they will propose key personnel. It is the resource, not the position, that is ―key‖. The Key Personnel clause is for the contractor to ―fill-in‖ as part of the RFP submittal. See also Q&A #2.

Question #117: ―In Section B (pages 3 & 4) under the individual task order CLINs, the labor categories General Clerk and Word Processor are used. On page 43 under

Employee class skills descriptions, the labor Category is listed as General Clerk III and Word Processor III. Will all bidders be required to bid General Clerk III and

Word Processor III for each CLIN?‖

Answer #117: Please refer to section B.2 for details on labor category selection requirements.

Question #118: ―Are there additional labor categories beyond Project Manager, General Clerk, Word Processor and Computer Systems Analyst to consider?‖

Answer#118: Please refer to section B.2 for details on labor category selection requirements.

Question #119: ―Could you provide the average tenure of incumbent employees?‖

Answer #119: No. The Government is not privy to corporate employee tenure status information.

Question #120: ―Will PTO/the Government provide training on PALM and

Momentum systems upon award?‖

Answer #120: Please refer to the contract FAR Clause 52.237-3 Continuity of

Services for continued operations. See also Q&A #49.

Question #121: ―Section L.2.2.1 states that the offeror shall submit past performance for three contracts or task orders. Section L.2.1.2 states that the offeror shall submit

Past Performance Questionnaires for itself and its major subcontractors (defined as having a subcontract valued over $1M or 30% in L.2.1.1.1). It seems that we could then include past performance information for major subcontractors as well as the prime contractor in the proposal itself. Could you please clarify?‖

Answer #121: No clarification required as Section L2.1.1 Past Performance and

Experience (Evaluation Factor 1) requires past performance information to be included in the offeror‘s response. See also Q&A #89.

Question #122: ―Considering the amount of past performance required, as well as the multiple areas to be covered in each Evaluation Factor, twelve pages limits the amount of useful and clarifying information that can be provided. Would you consider increasing the page limit for the technical volume?‖

Answer #122: No, this is a well-defined requirement for administrative support services and does not require an excessive amount of vendor capability statements.

Question #123: ―While following the twelve page limit, do double-sided pages count as one or two pages?‖

Answer #123: Double-sided pages count as two pages.

Question #124: ―Might the opportunity for contractors to visit the site be made available to all?‖

Answer #124: It was determined that a site visit would not be beneficial for this type of requirement.

Question #125: ―There did not appear to be any discussion of a transition period in the RFP. Is there any information you can provide concerning transition time and expectations? Is a transition plan expected of the incoming contractor?

Answer #125: Please refer to the contract…