Responses.pdf

FMCSA Responses to Contractor Questions – Regulatory Variance Tracking System DTMC75-09-R-00038

1) What initial regulatory reviews have been completed?

FMCSA has completed 32 State MCSAP regulatory reviews to date.

2) Of the initial regulatory reviews completed, which ones have been completed more than 12 months ago?

Of the 32 reviews completed, 20 were completed more than 12 months ago.

3) Will the completed initial regulatory reviews be delivered as a database, electronic, or hard copy? If database or electronic, what file format and layout?

The completed reviews will be delivered as a report, electronically, in Microsoft Word format.

4) Could you provide one example of an initial regulatory review so that we can understand the government’s expectation for such reviews? If not, can you describe the contents of an initial regulatory review document?

Sample provided as attachment.

5) How and by whom do you envision using the state variance tracking database? Within the government, MCSAP states, or as public domain on the FMCSA website?

FMCSA headquarters and division employees.

6) What states, territories, and possessions participate in the MCSAP?

All States, the District of Columbia, Puerto Rico, and the U.S. Territories participate in MCSAP.

7) Is the state variance tracking database to be provided in MS Word, Excel, and/or Access format, as well as the regulatory reviews?

MS Access database format.

8) Does an interface need to be created to access the database? If yes:

o Is the vendor responsible for this?

o What type of interface is expected?

No, an interface is not expected.

9) How often must the state variance tracking occur? (daily, monthly, etc.)

How does the government envision receipt of the subsequently updated database?

We do not expect to update the state entries in the variance tracking database more than once per year.

10) Will the government want to be able to add to or maintain the database? If so, describe.

Yes, the government will want the ability to update the entries in the Access database as it acquires new or updated information on each State’s regulatory findings in the future.

11) Must the state variance tracking database be available through a website? If yes, where?

No, that is not expected.

12) Are routine updates expected based on technology changes expected more than semi-annually? If so, how often?

No, not more than semi-annually.

13) Describe the purpose and objectives of the Final Variance Report.

It should provide a current listing of the regulatory variances by State, thereby allowing FMCSA staff to understand where the State commercial motor vehicle regulations differ from the Federal Motor Carrier Safety regulations so that we can assess the overall regulatory compatibility of the State with MCSAP regulations.

14) The third regulatory review metric requires determination of the date when State variations, if any, went into effect. Many of these variations are the result of inaction as opposed to action by a state.

In other words, at some point in time Part 350 or other MCSAP guidance changed and the state never updated its regulations/rules in order to meet the new requirement. Because of this it may be difficult to pinpoint an exact date in all cases of variation. Would the contractor be allowed to contact a state and ask for a date a regulation variance went into effect? What would be the contractor’s authority for making a request such as this? What type of documentation of the date would be required?

Yes, the contractor would be authorized to contact the relevant FMCSA division and work with FMCSA Division staff to contact State officials to acquire this information, if available.

15) Would a source like Lexis-Nexis be acceptable as documentation or must an official state source be consulted and listed? Similarly, if a state does not consider its website to be an "official" source, must an "official" source be consulted and documented?

While information from Lexis-Nexis would generally be considered to be reliable, such information should be validated by an official source at the State. This can be done through FMCSA division offices as part of the data validation phase prior to the information being considered final.

16) In some cases, a state may have adopted the requirement but then have a conflicting law/regulation in another section. If the state has adopted the requirement, should the contractor stop there?

This will need to be determined on a case-by-case basis after the project is begun.

17) Why does the CLIN list contain quantity of hours per labor category if this is to be a firm fixed price contract?

This will be a Firm Fixed-Price contract. The Rate and Hours will be used as a tool to determine fair and reasonable.

18) The CLIN list contains an item for a license fee. What does the Government expect to license?

Price Proposal list revised to remove licensing fee. The government does anticipate the successful awardee will grant unequivocal relinquishment of the data rights and source codes permitted in the FAR.

19) Who or what organization conducted the already-completed MCSAP reviews? Is there a current or recently expired contract for these services in place?

Assuming the FMCSA Acquisitions Office believes this information can be released, then there is a current contract team in place for the MCSAP Reviews, lead by SAIC as the prime, with the North American Driver Safety Foundation as the subcontractor. That contract remains in place at present.

20) Is this a new acquisition?

This is a new acquisition, based on the fact that FMCSA is interested in getting a complete regulatory review conducted of all 50 States, the District of Columbia, and the U.S. territories completed within the next 12 months, since the MCSAP Reviews will not be complete until approximately 24 months or more from now.

21) What is the time line for evaluation and award?

FMCSA expects to review bids, and to execute and award the contract by September 30, 2009.

22) Will we receive answers to these questions at least 3 business days prior to the current closing date of 14 September 2009, 1400 hours? If not, will the closing date be extended?

The solicitation is extended to Tuesday September 15, 2009 @ 1530.