SignedAmendmentNo1.PDF

FHWA Solicitation DTFH61-12-R-00043 Amendment No. 1

The following questions were received by email to Sarah.Khan@dot.gov, Contract Specialist on or before the deadline later than 1200 PM EST, July 19, 2012 regarding the submission of the proposals as required by the solicitation instructions.

1. Section C.5 – Staffing and Section L.17, Proposal Content

Question: It appears that the “Staff Engineer” labor category identified in the Estimated Level of Effort table on page 71 of the Solicitation should be the “Staff Specialist” labor category listed and described on page 9. For purposes of consistency, should the offeror use the Staff Specialist labor category description in their proposal instead of Staff Engineer?

Response: The Estimated level of effort was not edited correctly to be consistent with the descriptions in Section C.5. Please use “Staff specialist” in the proposal.

2. Section G.17 – Key Personnel

Question: Should the Offeror include this listing in its proposal? If so, in addition to the individual designated as the project manager, which of the other job categories should the Contractor also include in its listing of key personnel?

Response: The Program Manager and the Team Leader(s) are considered “Key Personnel”. There may be more than one Team Leader depending on how individual’s skills/experience matches up with the 6 contract work tasks listed in Section C.5 under “Team Leader”.

3. Section G.18 – Professional Staffing

Question: Should the Offeror include this listing in its proposal? If so, since this is an IDIQ, should the Contractor list all possible, potential staff, including subcontractor staff that may perform services under the IDIQ?

Response: List the proposed Professional Staffing. Listing all staff and their qualifications will help the Government determine technical qualifications of the contract team.

4. Section H. 10 – Protection of Information and Limitation of Future Contracting

Question: This Section applies to both the prime and to subcontractors. In the event that a subcontractor does not provide services on a particular task order that would otherwise create a conflict of interest, will that subcontractor be precluded from participation in an ensuring Government contract?

Response: No, the subcontractor would not be precluded from participation in an ensuring Government contract if they did not provide service for a task order that that would otherwise create a conflict of interest.

5. Section H.13 – Intellectual Property

Question: In order to leverage a Contractor’s and subconsultant’s pre-existing intellectual property that enables a contractor and/or its subconsultants to complete task order work at a lower cost to the Government, will the Government consider modifying the language of H.13, Intellectual Property to enable the Contractor to re-use intellectual property developed under the contract that utilizes a Contractor’s or subconsultant’s pre-existing intellectual property? (All new intellectual property created under the contract would be owned by the Government and the Contractor would be granted a royalty-free, unrestricted license to use the new intellectual property.)

Response: The language will not be modified. The Government is paying the Contractor for their expertise and services. All new intellectual property created under the contract would be owned by the FHWA.

6. Section H. 19 – Disclosure of Conflicts of Interest, Subsection (a)

Question: Does the required listing of contracts include work performed by the Offeror for State DOTs that relates to work under this Solicitation? Please advise of the applicable timeframe for the disclosure. ( e.g., what is timeframe for “past” contracts?)

Response: According to H.19, Subsection(a) The Offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by DOT, or with an organization whose interests may be Substantially affected by Departmental activities, and which is related to the work under this solicitation.

According to Section H.19, Subsection(a), Past interest shall be limited to within one year of the date of the Offeror's technical proposal.

7. Section J.4 – Standard Form LLL, Disclosure of Lobbying Activities

Question: Is the Offeror required to submit completed SF LLL forms for each of its proposed subcontractors?

Response: According to the INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES, “ This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.”

8. Section J.9 – Contract Pricing Summary

Question: Should proposed staff be individually listed along with their corresponding labor category assignment in FHWA Form 1593 or can the offeror show hours and rates at the labor category level?

Response: List all staff, their rates and hours will help the Government determine cost competitiveness of the proposed contract team.

9. Section L.17 – Proposal Content, states that “The combined total page count of Volume I shall not exceed 60 pages including text, figures, resumes, and appendices.”

Question: Would dividers (both tab and non-tab) in Volume I – Technical Capabilities be counted toward the 60 page maximum?

Response: Dividers will not be counted towards the total page allowance.

10. Section L.17 – Proposal Content, states “Section K of the RFP must be filled in as appropriate and included with your proposal.

Question: Is Section K, Representations, Certifications and Other Statements of Offerors or Quoters, required for all subconsultants and/or consultants?

Response: Section K is applicable to the Prime Offeror.

11. Section L.17 – Proposal Content, B. Volume I – Technical Proposal, Part II – Staffing Plan

Question: On page 70 of the Solicitation, Offerors are required to provide “evidence that all proposed personnel are committed and available....” Similarly, on page 70 of the Solicitation, Offerors are required to provide “letters of commitment for all positions.” To meet both of these requirements, may an Offeror provide one letter on behalf of itself and its subconsultants which states that all proposed personnel are committed and available to perform services on this project while employed by the relevant entity?

Response: One letter is adequate at this time.. Staffing availability will also be requested at the time of the task order proposal request. Further details would be expected at that time.

12. Section L.17, Proposal Content, B. Volume I – Technical Proposal, Part II – Staffing Plan, Question: This section states “Provide names and resumes for all proposed personnel.” Would the FHWA consider dropping the resume requirement for the Administrative Support labor category?

Response: Yes. A brief mention of the Administrative Support staff qualifications in the staffing proposal without a resume is adequate.

13. Section L.17, Proposal Content, B. Volume I – Technical Proposal, Part II – Staffing Plan, Question: This section requires the offeror provide the names and resumes of all proposed personnel. If individuals are required to be named in the Contract Pricing Summary (FHWA Form 1593), can qualified staff not identified in the Staffing Plan due to the page restriction, be included in Form 1593?

Response: All Staff qualifications should be adequately described in the technical proposal.

The price proposal does not identify the proposed personnel’s technical expertise and capabilities.

14. Section L.17 – Proposal Content, C. Volume II – Business and Cost/Price Proposal states, “The offeror shall include, as a part of Volume II, a 5 year summary page of all costs, as well as a breakout of costs for each anticipated year of the contract using one FHWA Form 1593 – Contract Pricing Summary for each anticipated contract year (Section J, Attachment No. 9).”

Question: Please confirm that FHWA Form 1593 – Contract Pricing Summary is not required for each of the task areas A through E identified in Section C.4 of the Solicitation but should be presented as a consolidation of task areas A through E.

Response: The offeror shall include, as a part of Volume II, a 5 year summary page of all costs, as well as a breakout of costs for each anticipated year of the contract using one FHWA Form 1593 – Contract Pricing Summary for each anticipated contract year (Section J, Attachment No. 9).

According to the RFP, the Offeror shall support its total cost for the task(s) outlined in Statement of Work (SOW) incorporated in Section C, Descriptions/Specifications/Work Statement and, shall contain the Offeror’s best terms from a cost standpoint with applicable discounts for consideration of the total effort. The cost proposal shall be prepared in accordance with the offeror’s accounting system and practices and the format of the Cost Proposal template provided as attachment J.9 the Contracting Pricing Summary Sheet shall illustrate cost data by cost element (material, labor, indirect costs, etc.) and fixed fee. Further, the proposed cost shall be summarized by task.

15. Question: Based on operating distinctions between for profit companies and universities, there are FAR provisions that are applicable to each type of entity. The current RFP expressly references those FAR provisions that are applicable to for profit institutions. Is it correct to assume that the FAR provisions that are applicable to universities are incorporated by reference into this RFP or must the offeror specifically request them as alternate terms and conditions?

Response: The offeror should specifically request applicable clauses for non-profit organization and educational institutions.

16. Question: There are several forms, including Standard Form 33, Section K, and those listed in Section J that are not included in any of the Volumes/Parts of the proposal. Which volume and part of the proposal would like these forms to be placed?

Response: Standard Form 33, Section K, and applicable attachments from Section J will be included in VOLUME II - BUSINESS AND COST/PRICE PROPOSAL.

17. Section C.5

Question - Section C.5 of the RFP (Staffing) includes on page 9 of 78 a staffing category labeled ‘Staff Specialist,’ but the accompanying text calls for a “staff engineer/research assistant.” A later table on pg 71 of 78 uses the label ‘staff engineer’ only. Please confirm the preferred term; ‘staff specialist’ appears to make most sense given the duties described.

Response: The Estimated level of effort was not edited correctly to be consistent with the descriptions in Section C.5. Please use “Staff specialist” in the proposal.

18. Section G.8

Question - Section G.8 of the RFP (Payment of Firm Fixed Price Task Orders) states “for firm-fixed-price task orders, unless otherwise specified in the individual task order, the Contractor may request payment for the firm-fixed-price specified in the task order upon the Government’s acceptance of all work under that task order.” For fixed price task orders, is FHWA willing to negotiate interim progress payments based on deliverables in place of a single payment at the completion of the task order?

Response: Yes. When/if this comes up it will be handled and discussed before the issuance of the task order.

19. Section G.11 Question: - Section G.11 of the RFP (Indirect Cost Rates) indicates “indirect cost rates … shall be negotiated based on audit of actual costs.” If either the prime contractor or one of its subcontractors does not have DCAA audited indirect cost rates at the time their team’s proposal is submitted, is FHWA willing to negotiate either fixed labor hour rates or self-certified cost plus fixed fee rates for the prime contractor (or subcontractors) in place of requiring the contractor and its subcontractors to obtain approved DCAA audited indirect cost rates?

Response: Provisional indirect rates negotiated under this contract for billing purposes shall remain in effect until revised rates have approved DCAA audited indirect cost rates.

20. Section L.1 Question: - Section L.1 of the RFP (Proposal Delivery) indicates “the offeror shall submit [a compact disc] containing its Business Proposal prepared in accordance with Exhibit E.1 Business Proposal Template.” We cannot find such an Exhibit in the solicitation, please explain how we can locate Exhibit E.1? (Other instructions in the RFP suggest Attachment J-9 may meet a substantially similar function as Exhibit E.1 – please confirm if this is the case or explain alternate required approach.)

Response: Yes, the Business Proposal shall be prepared in accordance with Attachment J-9, Contracting Pricing Summary Sheet.

21. Section L.17 (Intro)

Question: - Section L.17 of the RFP, pg 66 of 78 (Proposal Content) indicates “Section A, Blocks 12 through 18 of Standard Form 33 must be filled in, signed and returned with offer.” Can you tell us where to get Standard Form 33?

Response: Standard Form 33 is the first Page of the RFP.

22. Section L.17, Part B Question:- Section L.17, Part B (‘Staffing Plan’) of the RFP, (pg 70 of 78) indicates “letters of commitment” must be provided for all positions. Does this apply only to the prime contractor’s subcontractors and can the primecontractor demonstrate commitment of its staff via body text in place of a separate letter?

Response: One letter of commitment is adequate at this time.. Staffing availability will also be requested at the time of the task order proposal request. More specificity would be expected at that time.

23. Section L.17, Part C Question: – Sub-section Part I, b within Section L.17, Part C of the RFP (Labor rates) includes a note indicating “offerors must relate labor categories to the Government labor categories.” May we bid multiple rates for the same labor categories if staff meet the qualifications/experience required but have different cost structures? If so, how should this information be presented in the Business/Cost Price volume of our proposal?

Response: The offeror shall indicate each individual under a labor category with their individual rate and the number of hours they are contributing towards the effort. This allows the Government to determine how much a specific individual is contributing toward the proposed work. This precludes a contractor from proposing a person with exemplary qualifications, but a labor rate that will be non-competitive, for a few hours.

24. Section L.17, Part C Question: – Sub-section Part II of the RFP (Other Financial/Organizational Information) describes information that appears to be duplicative and a subset of Section K, which is also required to be included in the offeror’s proposal. Can the Section K questionnaire serve as the supplemental sheet required here?

Response: Yes, the Section K questionnaire shall serve as the supplemental sheet required under Part II of the RFP (Other Financial/Organizational Information).

Solicitation Number DTFH61-12-R-00043 is modified as follows:

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS, L.1

Proposal Delivery, When/Where/How Many to Submit, is hereby modified to delete, “One

(1) containing its Business Proposal prepared in accordance with Exhibit E.1 Business Proposal Template, attached as part of this solicitation,” and replace it with, “One (1) containing its

Business Proposal prepared in accordance with Attachment J.9 Contract Pricing Summary, attached as part of this solicitation.”

As such, Section L, L.1 Proposal Delivery is hereby modified to as follows:

L. 1 PROPOSAL DELIVERY

Questions: All questions concerning the RFP shall be submitted electronically to Sarah Khan via email at Sarah.Khan@dot.gov, Contract Specialist, no later than 12:00 PM EST on July 19, 2012 in order for responses to all reasonable questions to be conveyed in a timely manner. Offeror’s shall submit questions in the form of an electronic file attachment in Microsoft Word format and shall include at a minimum, company name, address, point of contact, phone number and a reference point for where the question originated. Questions received after the time specified above will not be honored and no responses will be provided. No telephonic requests will be granted, all questions pertaining to the RFP must be emailed.

For example:

SOW Section C.2.2, “entitled…”

Question: (State the Question)

When/Where/How Many to Submit: Each offeror shall submit an original and four (4) written copies of both the technical and business proposals. In addition, the offeror shall submit two (2) Compact Discs (CDs); One (1) containing its Business Proposal prepared in accordance with Attachment J.9 Contract Pricing Summary, attached as part of this solicitation, and one (1) containing its Technical Proposal. The Business Cost Proposal spreadsheets should be interactive so that the Contract Specialist can verify the calculations used to obtain the final cost. The Proposals are due no later than 12:00 PM EST on August 13, 2012 at the following address:

Federal Highway Administration Office of Acquisition Management Attn: Sarah H. Khan, Contract Specialist 1200 New Jersey Avenue, Southeast Room E65-101 Mail Code: HAAM-20 Washington, DC 20590

(Please list the RFP number and closing date on the forwarding envelope)

NOTE: To assist in expediting delivery, the outside of the envelope/package containing the offer must be marked with the completed Optional Form 17, Offer Label, included as Attachment J.2 and available on line at http://www.fhwa.dot.gov/aaa/forms.htm.

http://www.fhwa.dot.gov/aaa/forms.htm

Further, please be advised that all of our mail (items handled by the U.S. Postal Service) is sent out of town for scanning and irradiation prior to delivery to the building. This process can add several days to your mailing time, even from local addresses.

Bids/offers must be received in the Office of Acquisition Management by the time and due date specified herein to be considered timely and acceptable; not just delivered to the mail room/visitor’s center. Bids/offers received and time/date stamped in the Office of Acquisition Management after the specified due date and time will be considered as late, in accordance with FAR 14.302 and 15.208.

Please direct all questions to Ms. Sarah Khan at Sarah.Khan@dot.gov by the due date specified above.

NOTE: Facsimile bids/proposals will not be considered for this solicitation.

IMPORTANT DELIVERY INFORMATION:

Please note that the Department of Transportation (DOT)/Federal Highway Administration, Office of Acquisition Management’s current location and delivery address is:

1200 New Jersey Avenue, Southeast Room: E65-101-Mail Code: HAAM-20

Washington, DC 20590

Security procedures prohibit non-uniformed couriers from delivering material directly to offices in the DOT building. Only uniformed couriers from FedEx and the United Parcel Service, who are dressed in a uniform bearing their organization’s name and possessing official identification, may deliver proposals or sealed bids directly to the Office of Acquisition Management. Other couriers and individuals must deliver material to the mail room/visitor’s center at the DOT building’s main entrance at 1200 New Jersey Avenue, SE. The guard may accept the material, dismiss the courier, and then the material will be examined and x-rayed prior to being delivered to the FHWA Office of Acquisition Management through the normal building mail delivery procedures. This could add one or more working days to the delivery time. FHWA is not responsible for pick-up of offerors’ proposals from DOT security guards nor from the DOT mail room.

Offerors must make allowances for these procedures in order to assure that offers arrive on time.

mailto:Sarah.Khan@dot.gov