ITS_JPO_TSSC_Questions_2-23.pdf

DTFH6116R00003

Questions and Answers 2-23

Question Number

RFP Section Question Answer

1 General Please identify the incumbent contractor(s) for this requirement, and incumbent contract number(s).

DTFH61-11-D-00018, awarded to Noblis, Inc., and DTFH61-11-D-00019 awarded to Booz Allen Hamilton, Inc.

2 General The solicitation includes FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) and 52.222-

43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (MAY

2014). We respectfully request that FHWA incorporate the applicable Wage Determination(s) for this contract or alternatively confirm that the Service Contract Labor Standards Act does not apply to this procurement.

The Service Contract Labor Standards Act does not apply to this acquisition for professional services per FAR 22.1003-4.

3 Page 1, Block

Due to the expansive scope of this project, will the Government extend the Proposal Response due date an additional 2 weeks?

No.

4 Page 1, Block

…we have been following the opportunity under Solicitation DTFH61-16-R-00003 for some time and we have been evaluating the RFP and have been working to develop a strategy for its pursuit. As a Small Business, it is very difficult for us to put together the proposal in such a short time, but, we would like the opportunity to potentially propose if the opportunity were afforded to us. Would the government consider extending the due date of the proposal to allow additional potential teams to propose on the effort. With the short turnaround of something this size, I think it provides significant advantages to the incumbents and certainly to large business. I appreciate the consideration.

No.

RFP Section Question Answer

5 B.2 Per RFP, "Inclusion of indirect burden amounts or fee on material costs, including travel expenses, is not allowable." Part 31 of the FAR considers G&A to be an allowable cost on T&M/FFP contracts. Would the Government reconsider this position and allow Offerors to include G&A on ODC/travel estimates if such costs are part Offerors approved accounting practices and CAS Disclosure Statement? Should separate pricing be included, if these costs are allowed or should the contractor presume that such costs would be included in the Government's per year Travel and Equipment/Materials estimates?

No, since the IDIQ has fixed price and time & material pricing, indirect burdens do not apply.

However, indirect burdens such as a material handling fee would apply if substantial materials were expected to be stored and maintained by the contractor. Therefore, the pricing will not be updated.

6 C.4.5 Beginning on page 30, describes several types of work that the Contractor must perform at the program level, cutting across any and all awarded task orders for specific technical work. How will costs associated with program level activities be covered? Will costs for such activities be included as a part of each awarded task order or will a program management task order be awarded for all work of this type?

Program level tasks should be accounted for as appropriate to your accounting system.

However, since they are not direct charges, they would not be expected in task order pricing.

Those costs are more appropriately accounted for in overhead as they are not directly attributable to a specific product, service, or items.

7 Page 32, paragraph C.4.5.3 Start- Up Activities

What task orders or contractual activities does the Government anticipate will require transition activities from the incumbent contractor to a new contractor?

Any activities within the statement of work of this requirement. Will be formally addressed by the COR after award.

8 H.15 Can the Government please clarify what is defined as “related work” in clause H.15 on page 62 of the RFP? Specifically:

Related work means: Any subsequent work being solicited for or performed against another contract that was the result of work performed by the prime contractor. Example: The contractor drafts a statement of work, which was later used to solicit proposals.

RFP Section Question Answer

a. Is "related work" limited to future competitions where a Contractor has an actual or potential OCI as defined in FAR 9.5, and does this mean that a Contractor will not be allowed to submit a mitigation plan to the appropriate Contracting Officer for review and approval in order to be allowed to conduct such work on the contract for which the actual or potential OCI might occur?

Related work is relevant to both current and future work. If you suspect an OCI may exist, you can submit a mitigation plan.

b. Does “related work" include future competitions for a contract or task order on another contract that includes work which is related to the scope of the overall TSSC contract, but where the specific Contractor proposing to work under the future competition did not receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing), for the future procurement and therefore the Contractor does not have a potential OCI? For example, if the related work is being performed by a competing Contractor under the TSSC IDIQ work?

Related work is relevant to the work that the contractor, their subcontractors, or staff have performed.

c. Is “related work” defined on a task order or contract-wide basis for IDIQ contracts (both in terms of the TSSC IDIQ and potentially related other IDIQ contracts?

A determination of responsibility and conflict of interest is made prior to award of the contract and subsequent task orders.

d. Does this clause completely prohibit the prime Contractor on this contract from serving as either a prime or as a subcontractor on related contracts, such as the forthcoming Ops IV contract, even for task orders that are unrelated to this contract?

Section H.3 states: “Therefore, the Contractor is expressly prohibited from competing on all related work during the performance of the contract and for a period of 3 years from the end date of this contract as a prime Contractor, Subcontractor or Consultant.”

RFP Section Question Answer

9 Section I Will FHWA permit offerors to incorporate the FAR/TAR alternate clauses prescribed for Educational Institutions (EI) in its subcontract agreements with EIs? The EI-prescribed clauses are designed to address, among other things, EI’s inability to accept restrictions on publication of information that could trigger export control requirements that impede the dissemination of research results in the academic community, and EI’s ability to assert copyright in any data rights first produced in its performance of a contract for basic or applied research, and EI’s unique accounting/audit procedures.

The awardees are required to flow down clauses to their subcontractors that are within the contract. As such, the Government will not extend different rights under the contract to the subcontractors. The alternate clauses, per the FAR and TAR, for EIs apply when the Government is contracting directly with an EI.

Granting additional, by the contractor, rights to the subcontractor not allowed under the terms of the contract could result in a breach of contract.

10 J.1 Attachment J.1 does not define the positions of “mid-level” and “junior level” legal counsel, however these two positons are included in the labor pricing table (Attachment J.2). Please provide position descriptions for these two labor categories.

J.1 categories are correct. J.2 has been corrected (version 2-18) and will be uploaded to FBO. An updated J.1 will be uploaded (version 1-4a) as the original version (1-4) still had track changes on it.

11 J.1 Other federal agencies accept the Defense Acquisition Workforce Improvement Act (DAWIA) Level III Program Management certification as equivalent to a PMI PMP certification. Will FHWA accept a DAWIA Level III Program Management certification to be equivalent to a PMP certification for the Principal Investigator qualifications?

While a PMP remains the preferred qualification, a DAWIA Level III Program Management certification will be considered acceptable. This applies to the PE, DPM, and PI.

12 Exhibit J.1, Page 2, Principal Investigators -

The Principal Investigator (PI) position description requires a PMP certification. Will the Government accept a proposed PI who has an INCOSE Certified Systems Engineering Professional (CSEP) certification as an equivalent substitute to the PMP certification requirement given the considerable overlap of the certifications with respect to the PI’s role and responsibilities?

While a PMP remains the preferred qualification, an INCOSE Certified Systems Engineering Professional (CSEP) certification will be considered acceptable. This applies to the PE, DPM, and PI.

RFP Section Question Answer

13 J.2 Equipment and Materials budget: What do you foresee this amount to entail ($5,600,000) in regards to equipment and materials?

At this time, the estimated amount for materials encompasses all possibilities that we envisage could occur. However, the materials are expected to be equipment and or supplies necessary to carry out the objective of the contract on a task by task basis. It is not anticipated that awardees will have to store/maintain inventories or purchase bulk commodities/supplies.

14 J.2 Should the prime submit a blended rate for each labor category or individual rates from each firm?

Only one fully burdened labor rate is expected per labor category. The way that rate is calculated depends on the pricing/accounting practices of each offeror.

15 J.2 Will FHWA please confirm that the labor rates to be proposed are for performance at contractor site locations?

Yes, it is not expected that work will take place at Government provided facilities.

16 J.2 If the contractor has more than one set of indirect rate pools (contractor facility vs gov't facility) that would apply to the work to be performed under a resulting contract, should the contractor submit a separate completed Attachment J.2 for each indirect rate pool that would be used or should the contractor modify Attachment J.2 to add lines for each labor category to show labor rates by location of performance if indirect rates vary?

Please see question numbers 14 and 15 above.

17 J.3 FAR 52.203-11, (d) Disclosure, appears to indicate that offerors do not need to submit a Standard Form LLL if the offeror does not have any qualifying lobbying contacts to report. Please confirm that offerors can state in their proposal (as applicable) that there are no qualifying lobbying contacts to report in lieu of submitting the Standard Form LLL.

That is correct. If you do not have lobbying to report then the SF-LLL does not need to be completed. As mentioned above a statement to that effect would be the responsible way of notifying the Government of the reason why the SF-LLL was not submitted with the proposal.

RFP Section Question Answer

18 J.3 Does the Standard Form LLL need to be completed by subcontractors and independent consultants for inclusion in the proposal response?

The SF-LLL 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.

In other words, it must be reported for the PRIME and subcontractors alike, but it is the responsibility of the prime contractor to complete.

19 L.3 Page size Is the document limited only to 8.5 x 11 inch paper size, or can select pages be supplied as 11”x 17”? If so, must the 11”x 17” page be counted as 2 letter-size pages?

Any pages sized above 8.5 x 11 are not acceptable and may not be evaluated. Please see Section M.2.

20 L.3 Do the page limitations for the technical books include a) the cover page, b) the table of contents, list of figures, and list of tables, and c) the acronym list?

The limit includes everything.

21 L.3 Please confirm that the font size for graphics and tables can be less than 12 pt provided the text is clearly readable.

Footnotes, legends, or labels associated with tables or diagrams may be in a smaller font.

22 Section L.4 of the RFP, under “Part II” on

Offerors shall provide a Master Staffing Matrix, which denotes those Key Personnel and the staffing levels proposed, and capabilities/credentials.” Please clarify what is intended/required in terms of “staffing levels,” since the government intends to use an undisclosed independent government estimate of the required labor mix to conduct the price evaluation

The staffing level is intended to provide information on the availability or percentage of availability for labor categories (i.e. full time versus part time).

23 L.4 Please confirm that stated page limitations for proposal parts exclude cover pages, table of contents, and transmittal/cover letters.

The limit includes everything.

24 L.4, part V Please confirm that Offerors may include past performance by subcontractors as part of the five past performance descriptions included in their proposal.

You may include past performance by your subcontractors as part of the five past performance descriptions.

RFP Section Question Answer

25 L.14 It is unclear from the RFP whether the government intends to make a single award or multiple awards under this RFP. Can the government please clarify, and if the government intends to make multiple awards, how many awards does it intend to make?

See Section L.14.

26 L.4, part V Can the government define in terms of size/scope/complexity what they consider to be a “related” contract for purposes of the past performance evaluation?

Size, Scope, and complexity are each commonly used terms and as such their definitions can also be readily found.

Therefore, each prospective offeror is responsible for providing references that are relevant to the new work and must explain the relevance of its past performance information submitted, particularly when it may not be easily apparent. For instance, in the case of a newly formed business entity or in contractor teaming arrangements where the company is relying mostly on the past performance and experience of its key personnel, partners on the team, or on a major subcontractor(s), the proposal must clearly explain "whose" past performance, and "how" that past performance is relevant to the procurement.

27 L.4 For the purposes of the past performance evaluation, what does the government consider to be “major or critical aspects of the requirement”?

Significant portions of the work.

28 Page 82, paragraph L.4 Proposal Content and Configuration

Please clarify that the Government requires 2 CDs to be delivered for each proposal, 1 CD for Volume I and a separate CD for Volume II.

Yes, each volume should be delivered in a separate CD for a total of two CDs

RFP Section Question Answer

29 Page 84, Part II Staffing and Management Approach

Will the Government negatively evaluate an individual being proposed in more than one Key Personnel position?

The solicitation and request for key personnel is intended to line up with the labor categories and rates for individual personnel. As such, it is not advisable to choose this approach as the tracking of multiple labor rates and labor categories for one person would be difficult to justify and document what time was spent under which labor category.

30 Page 84, Part II Staffing and Management Approach

The requested Master Staffing Matrix is to include “staffing levels proposed”. What kind of information is being sought by the Government for “staffing levels”? Does “staffing levels” refer to number of hours or availability percentages or labor categories?

The staffing level is intended to provide information on the availability or percentage of availability for labor categories (i.e. full time versus part time).

31 Page 85, Volume II, Part I Cost/Price Information

In paragraph (b)(2) Completed Labor Rate Chart, the rates requested for each labor category are to include contractor employee labor, subcontractor employee labor, and consultant labor. Is the contractor to proposed only one labor rate for each labor category that covers all possible labor resources or is the contractor to propose 3 labor rates for each labor category representing contractor, subcontractor, and consultant labor rates?

Yes, one fully burdened labor rate for each labor category.

32 Page 85, Volume II, Part I Cost/Price Information

After contract award, will all task orders be required to use the labor category rates proposed in Attachment J.2 or will individual staff rates be used for task order proposals based on the expertise required for the individual task order

Yes, the fully burdened labor rates in Attachment J.2 will be incorporated into the contract as an exhibit. The awardee at that point will be bound to using those rates, or lower, when competing for task orders.

33 Page 85, Volume II, Part I, Paragraph (c )

The RFP states that assumptions or conditions upon which the Price Proposal is based be provided under a separate tab in the Cost/Price Information. Does the Government want the Price proposal to include the labor rate build-up for each proposed individual or only the labor category rate formula used?

You may provide only the fully loaded labor rate. Any additional information provided may assist in the evaluation of your price proposal.

RFP Section Question Answer

34 Part III – Other Financial / Organization Information

Which subsections of Part III information should be completed only by the Prime?

All subsections of Part III should be completed by the Prime only.

35 Page 86, Part IV Small Business Subcontracting Plan

Given the execution of the contract will be through task orders after contract award and the unknown nature of the mix and specific requirements of the task orders to be procured by the Government under this project, proposed subcontracted work percentage estimates are fictitious. Will the subcontracting plans requested in Part IV be used during contract execution as requirements for small business subcontract allocation targets?

Yes, the Contracting Officer approved plan will be included as an attachment to the contract.

Further, you will have to report your subcontracting plan status semi-annually during performance per FAR clause 52.219-9.

36 Page 86, paragraph F

The RFP requires an Information Security Plan and accreditation in accordance with TAR Clause 1252.239-71 be submitted as part of Part III Other Financial/ Organizational Information. TAR Clause 1252.239-71 refers to TAR Clause 1252.239-70 which describes the security requirements for unclassified information technology resources and states that an IT Security Plan be submitted to the DOT Contracting Officer within 30 days after contract award. The TAR Clause also requires IT Security accreditation within 6 months after contract award. If the TAR Clause 1252.239-71 requirements are for a post-award plan and accreditation, what is the Government requiring to be submitted as part of Part III for TAR Clause 1252.239-71?

All offers submitted in response to this solicitation must address the approach for completing the security plan and accreditation requirements in TAR clause 1252.239-70.

37 L.8 Please confirm that offerors are permitted to hand deliver proposal submissions to the mail room/visitor’s center at the DOT building’s main entrance at 1200 New Jersey Avenue, SE.

That is not prohibited by the RFP, but also is not recommended. There is no guarantee that your proposal will be delivered on time to the location specified in the RFP. However, marked couriers such as FedEx or UPS can deliver to the exact location specified in the RFP.

RFP Section Question Answer

38 L.14 Page 32, paragraph C.4.5.3 Start-Up Activities – In the first paragraph, it states that the Contractor will be “working with the incumbent Contractor, as necessary…” regarding contract start-up activities and transition. There are 2 incumbent contractors from the existing TSSC. On page 89, paragraph L.14 52.216-1 Type of Contract, it states that “The Government contemplates awarding multiple Indefinite-Delivery-Indefinite-Quantity contracts from this solicitation.” Will the Government award more than 2 contracts if more than 2 qualified contractor teams are found to be acceptable by the Government’s evaluation or is it the Government’s intention to award only 2 contracts to replace the existing 2 TSSC contracts?

No decision has been made. The decision will be based on the evaluation of the proposals received.

39 M.2 On the technical factor, will a proposal be evaluated more favorably if it includes personnel or an approach that exceeds the RFPs minimum requirements relevant to that criterion, as opposed to a proposal that merely meets the RFPs minimum requirements?

Yes.

40 M.3, J.2 If the government is not willing to release the estimated workload through the IGE, will the government please disclose the historical workload for the incumbent contract(s). Absent this information, it will be difficult to provide accurate pricing without significant contingency built in.

See the ceiling amount listed on pages 2 and 3.

You are encouraged to provide your most competitive rates for each labor category.