Amendment_0002.pdf

DTFH61‐15‐R‐00008

Amendment 0002

Delete paragraph H.11 in its entirety and replace with:

H.11 DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. The COR and the Contracting Officer shall be afforded the opportunity to review all Contractor communications and/or correspondence with the media regarding this effort at least 72 hours prior to public release. An electronic copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer, and the COR.

Note to Offerors: Offerors that are educational institutions will be subject to the TAR clause 1252.242‐

70 Dissemination of Information—Educational Institutions (OCT 1994) in lieu of H.11. Any resulting contract to an educational institution will reflect deletion of H.11 and insertion of 1252.242‐70.

Q & As – DTFH61‐15‐R‐00008

Q.1 Can you provide us with a list of previously awarded Planning IDIQ contracts with award years?

A.1 Dec 2009 – June 2015

DTFH61‐10‐D‐00004 AECOM

DTFH61‐10‐D‐00005 Cambridge Systematics DTFH61‐10‐D‐00006 ICF Inc DTFH61‐10‐D‐00007 Jack Faucett DTFH61‐10‐D‐00008 Resource Systems Group, Inc DTFH61‐10‐D‐00009 Louis Berger Group, Inc

Q.2 Please confirm whether or not the use of the phrase “first page” on page 56 and “title page” on page 57 are synonymous. If not synonymous, where in relation to the first page should the title page go.

A.2 No. Title page—Volume I; first page – Volume II.

Q.3 Key personnel are defined as “Principal Investigator (PI)” and “Program Manager (PM)” on page 47; however the “Master Staff Matrix” and resumes for key personnel referred to on page 61 seems to reference a broader group of project support staff. In addition to the PI and PM, can offerors include additional personnel in the matrix that are considered key and include their resumes as well?

A.3 Yes.

Q.4 Would FHWA accept proposals a day early – on Thursday, April 16?

A.4 Yes.

Q.5 The Solicitation package included an Attachment J.1 (Sample Payment Schedule). Please confirm that this is for reference only and does not need to be included in our proposal submission, as tasks and milestones are to be determined.

A.5 Yes, reference only.

Q.6 Since the proposed levels of effort are unclear, for Attachment J.4 (Subcontracting Plan), please confirm that it is okay to leave the $ value blank or TBD and include only target goal percentages for items a‐j.

A.6 Yes.

Q.7 For Attachment J.5 (Pricing Template), we have more than one staff member that we will propose for each labor category to cover the wide range of topics to be addressed as part of the anticipated work. Is it okay to include a representative fully burdened rate for those labor categories for which we propose more than one staff member?

A.7 Propose one fully burdened hourly rate for each labor category.

Q.8 In the event that a contractor does not have formal approval of a Master Subcontracting Plan, is it acceptable to submit a project‐specific subcontracting plan for this project?

A.8 The subcontracting plan is intended to be contract specific.

Q.9 Are the limitations on future contracting contained in Section H.5 applicable to subconsultants?

A.9 Yes.

Q.10 Section H.11 includes an alternative FAR for educational institutions. However, the alternative provision is applicable to Section H.9 and not H.11. Please advise as to whether the reference should be changed from H.9 to H.11.

A.10 Yes.

Q.11 Pursuant to Section L.1, an analysis of executive compensation is required. Do offerors need to include the analysis as part of the proposal?

A.11 Yes .

Q.12 Section H.5, Organizational Conflict of Interest and Limitation on Future Contracting, prohibits the prime from competing on “all related work during the performance of a task order and for 3 years after the end date of this order….” In past awards, the limitation on future contracting language applied in situations where the prime has access to confidential information and/or would have a competitive advantage due to its work under the applicable IDIQ. Is FHWA willing to consider adding language to this section to limit the restriction on future contracting to situations when the information is not publicly available and could give a competitive advantage to the Contractor?

A.12 No. Will be handled on a case by case basis.

Q.13 Other FHWA IDIQs have routinely included a limitation of liability clause. This IDIQ does not include that language. Would FHWA be willing to consider adding FAR 52.246‐25 ‐‐ Limitation of Liability – Services?

A.13 See Section I, page 41.

Q.14 In Section E.3, Government Acceptance Period, the Contractor has five (5) calendar days to make corrections and return the corrected deliverable to the Government. Depending on the number of comments and complexity of the applicable deliverable, it may be impracticable for the Contractor to provide the corrected deliverable within 5 calendar days. Is FHWA willing to consider modifying the language to read five (5) “business” days and to add the ability for the parties to agree on a longer time frame?

A.14 The acceptance period requirement may be changed on a task order specific basis.

Q.15 Do cover letter, cover, title page, divider pages, table of contents, figures, and tables count against the proposal page limits?

A.15 No.

Q.16 RFP Section L 1252.239‐71 requires that offerors address the Information Technology Security Plan and Accreditation. In which volume and part of the proposal should this information be provided?

A.16 Volume I, as an attachment.

Q.17 The RFP identifies only two key personnel: Principal Investigator and Program Manager. Can resumes for additional staff be submitted, and if so do they count against the page limit for Volume I, Part II?

A.17 Yes; the narrative is limited to five pages, resumes are limited to two pages per resume.

Q.18 Are 11x17 pages permitted for charts, tables, and figures?

A.18 Yes.

Q.19 Does SFLLL need to be completed by subcontractors and individual consultants, or only by the prime offeror?

A.19 Both.

Q.20 Should RFP Attachment J.5 ‐ Price Template be submitted in Excel format on the CDs?

A.20 Yes.

Q.21 Please confirm that text used for tables, graphics, and other figures can be printed in a font smaller than 12 point provided it is fully legible.

A.21 Yes.

Q.22 RFP Section L.5 requires that offerors list any contract that was terminated for convenience of the Government within the past 3 years, and any contract that was terminated for default within the past 5 years. Is this information required for subcontractors and individual consultants?

A.22 Yes.

Q.23 RFP Section L.5, states that offerors must list contracts terminated for the convenience of the Government within the past 3 years as well as any contract terminated by default within the past 5 years. Does this include contracts with any client, or only with the Federal government?

A.23 Federal government.

Q.24 Should the non‐disclosure agreement provided in RFP Attachment J.6 be submitted with the proposal, or at contract award?

A.24 Proposal.

Q.25 If RFP Attachment J.6 is to be submitted with the proposal, in which Volume and Part should it be included?

A.25 Volume II. Submit as an Attachment.

Q.26 If RFP Attachment J.6 is to be submitted with the proposal, would it be acceptable to submit the attachment signed only by key personnel of both the prime and the subcontractors who we anticipate working on the contract.

A.26 Yes.

Q.27 Section B.2 (Schedule of Rates) appears to suggest the rates proposed in the RFP Attachment J.5 Pricing Template will be the maximum rates for use in pricing task orders. Please confirm if the proposed rates in RFP Attachment J.5 will be the maximum category rates that can be used in pricing task orders?

A.27 Yes.

Q.28 Would it be acceptable to include separate staff rates for each firm on the proposed team?

A.28 No.

Q.29 Would it be acceptable to offer more labor categories in RFP Attachment J.5 to allow for more options in pricing?

A.29 No.

Q.30 The subcontracting utilization table in RFP Attachment J.4 requests utilization goals in dollars and percentages. Given the total dollars to be issued through task orders is unknown, should the offeror provide only percentage goals?

A.30 See A.6.

Q.31 Can Offerors submit six (6) electronic copies on six (6) USB flash drives in lieu of six (6) CDs?

A.31 No.

Q.32 Page 62 of the RFP indicates that Offerors must include “[a] completed copy of Section K in this RFP, if the offeror is not registered and completed their representations and certifications in the System for Award Management.” Are Offerors that are registered still required to include the first page (page 49 of 68 of the RFP) of Section K (with the check box indicating that they have completed the individual representations and certifications), or can Offerors include a short statement in the text of the proposal indicating that they are registered?

A.32 A short statement is acceptable.

Q.33 Attachment J.5 requires that Offerors include a burdened hourly rate for each labor category for each year of the contract. If an Offeror has multiple personnel (including subcontractors) who fall into a single category, what rate information should be included on this form for each category/year? Are Offerors required to propose the highest possible rate for each category, an average rate, a range, or some combination thereof?

A.33 Propose one fully burdened hourly rate for each labor category.

Q.34 Is the Offeror to include the fee as part of the burdened hourly rates included in Attachment J.5?

A.34 See A.33.

Q.35 Are Offerors permitted to add additional Labor Categories to Attachment J.5, or should proposed personnel be assigned to only those categories that have been included by FHWA on this form?

A.35 See A.29.

Q.36 Is the Offeror to include Attachment J.1 with Volume II? If so, what information should the Offeror include on this form?

A.36 No.

Q.37 Page 56, L.2, (c)(2), details the information that must appear on the first page of the proposal. For Volume II, much of this information will be included on Standard Form 33. Can FHWA please confirm the following:

(a) The aforementioned requirement on Page 56 will be satisfied by inclusion of Standard Form 33 as the first page of Volume II.

(b) Volume I does not require Standard Form 33 to appear as the first page/cover of the proposal and the information requested to appear on the first page of the proposal does not apply in this instance as Standard Form 33 is not included.

A.37(a) Yes A.37(b) Yes

Q.38 Page 62, Part II, (b), requests that Offerors provide the “[n]ames and positions of personnel who will work on the project.” Are the positions requested here required to align with the labor categories requested on Attachment J.5, or can these positions be aligned with a firm’s internal staffing structure and titles?

A.38 The latter.

Q.39 Are the Past Performance examples requested in Part V of Volume II limited to work performed by the prime contractor, or can these five examples include examples of projects performed by proposed subcontractors as well?

A.39 Subcontractor past performance can be used.

Q.40 In Section L.5, under Volume II – Part II – Subcontracts/Consultants: “(a) Name and address of the subcontractor or consultant; (b) Names and positions of personnel who will work on the project.” Do you want to see separate rates from our Subs, or do you expect only one set of rates?

A.40 See A.33.

Q.41 Section L.5, under Volume I Technical Proposal states that Parts I and II of Volume I “shall be bound together.” Does this mean Volume I should be in its own three‐ring binder, and Volume II in a separate three‐ring binder?

Q.41 Yes.

Q.42 Section L.6, Procurement Integrity Act Requirements states: “Offerors should put the following notice on the top of each copy of its proposal”. Does the “top” refer to the outside cover of the binder? If not, please specify the top of which page.

Q.42 Yes.

Q.43 May we be permitted to use a folded and bound 11x17 page for a graphic or table such as an Organization Chart or Matrix?

A.43 See A.18.

Q.44 H.19 states: “The Contractor shall ensure that the Non‐Disclosure Statement (See Section J) is signed by all staff assigned to or performing on this contract, including all Subcontractors and Consultants.” Are the signed Non‐Disclosure Statements required at the proposal stage or upon award? If required with the proposal, where should they be included?

A.44 See A.25.

Q.45 Regarding L.4 Proposal Format (e): May the text within a supporting table or graphic be presented in a font smaller than 12pt?

A.45 See A.21.

Q.46 Regarding Section L.5, Volume II – Part II – Subcontracts/Consultants, may we include information about our team of Subconsultants in Volume I – Technical: Part I ‐ Technical/Management Approach, and Part II – Staffing Proposal/Resumes, in addition to Volume II – Part II – Subcontracts/Consultants?

A.46 Yes. Page limitations still apply.

Q.47 Section G.5 ‐ Notification of Expenditure of Funds. Per FAR 32.706‐2(b), the requirement for 75% expenditure of funds notification is applicable only to incrementally funded cost‐reimbursement type contracts (see FAR 32.706‐2(b)).

Question: As cost‐reimbursement is not a permitted contract type under the IDIQ, will the Government please remove the Notification of Expenditure of Funds requirement?

A.47 No.

Q.48 Section G.6 ‐ Travel and Per Diem. This section states that the Contractor "must submit documentation of all travel costs.

Question: Will FHWA please confirm that documentation (e.g. receipts) will only be required for approved travel costs incurred over $75?

A.48 No.

Q.49 Section H.5 ‐ Organizational Conflict of Interest and Limitation on Future Contracting.

Question: Where an OCI arises only from receipt or access to proprietary or source selection information under a task, will FHWA allow for submission of a OCI Mitigation Plan that, if approved, will preserve the Contractor's ability to compete on related work? Conflicts stemming from unequal access to information by Contractors can typically be mitigated by timely implementation of safeguards in an OCI Mitigation Plan.

A.49 See A.12.

Q.50 Section H.11 ‐ Dissemination of Contract Information.

(a) Question: If an Offeror that is not an Educational Institution includes TAR 1252.242‐70 (in lieu of H.11 and 1252.242‐72) in its subcontracts with Educational Institutions under the IDIQ/orders, will the Offeror otherwise still be compliant under Section H.11? We understand that Offerors that are not Educational Institutions must comply with Section H.11 of the IDIQ.

(b) Question: Will FHWA please correct the reference to Section H.9 in the "Note to Offerors" paragraph to reference Section H.11?

A.50(a) The Note only applies to educational institutions proposing as the Prime. Prime clauses will flow down, no rights otherwise not afforded to the Prime will be provided to a subcontractor.

A.50(b) See A.10.

Q.51 Question: Is it possible for FHWA to distribute a MS Word version of the Attachment J.6 “Non‐ Disclosure Agreement – Contractor Personnel” provided in Amendment 0001?

A.51 Yes.

Q.52 Question: Will FHWA permit Offerors to provide its own format for the Small Business Subcontracting plan in lieu of Attachment J‐4?

A.52 Yes.

Q.53 Question: For the Technical Proposal Volume I, will the cover letter, table of contents and any separation tabs count against the page limitations?

A.53 See A.15.

Q.54 Section C.2 Objective (page 3) includes a list of 8 objectives that appear to be related to FHWA’s office of Policy (e.g., “refine tools and information needed to formulate the FHWA’s policy positions in areas relating to procurement and revenue mechanisms, public‐private partnerships, innovative finance…”) rather than the Office of Planning. Please clarify if this is the proper set of objectives.

A.54 Yes.

Q.55 Section C.5.3 Technical Report Specifications (page 13), indicates that for each report developed under this contract, the contractor shall provide “An electronic version of the report (files in Quark Express, or Adobe products) with GPO Form 952 OR a printed version of the report; a camera‐ ready copy (a publication term) shall be provided.” It is our understanding that in many cases, final technical reports are published solely on the web and so only final PDF and/or Word electronic files may be required in these cases. Would FHWA amend this to indicate (as with the executive summary listed above this section) “depending on the requirements of individual Task Orders.”

A.55 This will apply/be implemented on individual task order basis.

Q.56 Do subcontractors/and or individual consultants need to complete the Standard Form LLL, Disclosure of Lobbying Activities (Attachment J.2)?

A.56 See A.19.

Q.57 Key Personnel on page 47 lists only two Key Personnel: Principal Investigator and Program Manager. The instructions for the proposal section on Staffing Proposal/Resumes (page 61) indicates “Offerors shall provide a Master Staffing Matrix, which denotes those key personnel and the staffing levels proposed, and capabilities/credentials….A resume shall be submitted for all key personnel identified in Section I and must be organized and numbered.” Please confirm that Part II

– Staffing Proposal/Resumes, may include resumes for proposed subject matter experts and other critical staff, beyond the two Key Personnel positions listed in Section I.

A.57 See A.17.

Q.58 The Technical Evaluation Criteria (page 67) for “Staffing Proposal/Resume” indicates that the evaluation is for “Demonstrated contingency plan which shows the ability to replace key personnel without adverse impact on performance.” Please confirm whether the evaluation of this section will also include the technical qualifications and experience of the proposed staff.

A.58 Yes.

Q.59 Section H.5 Organizational Conflict of Interest and Limitation on Future Contracting: After reviewing the detailed task requirements, we do not anticipate that we would receive, have access to or participate in the development of proprietary or source selection information (e.g.

cost or pricing information, budget information or analyses, specifications or work statements etc.) or perform evaluation services in support of this contract. Will FHWA consider revising this clause as the type of information referenced will not be included in the work to be performed?

A.59 See A.12.

Q.60 Section H.5 Organizational Conflict of Interest and Limitation on Future Contracting: If the clause cannot be revised, will FHWA instead include this clause only as part of task order proposal requests where Contractors may have access to the proprietary or source selection information due to the nature of the requirements for that specific task order?

A.60 See A.12.

Q.61 Section H.5 Organizational Conflict of Interest and Limitation on Future Contracting: Can FHWA provide an example of the type of work the Contractor would be prohibited from competing on if the Contractor received, had access to, or participated in the development of proprietary or source selection information?

A.61 No. OCI issues will be handled on a case by case basis.