TMSEDS_Amendment_000003.pdf

(x)

DTRT5716R20001

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

V221

Cambridge MA 02142-1001 55 Broadway, V221 Off-Site Eng & R&D Contracts Branch USDOT/Volpe Center

V221

Cambridge MA 02142-1001 55 Broadway V221 Off-Site Eng & R&D Contracts Branch USDOT/Volpe Center

06/10/2016000003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/06/2016

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See attached continuation sheets.

RECOVERY: NON-RECOVERY

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Robert P. Robinson

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation No. DTRT5716R20001 Amendment 000003

The purpose of this amendment is to answer Offeror submitted questions and make the following changes to Solicitation DTRT5716R20001:

1. B.4 , Contract Line Items, is revised to read as follows:

B.4 CONTRACT LINE ITEMS (MAY 2016)

CLIN Description Unit Price Total 00100 The Contractor shall furnish all personnel, supplies, facilities, materials, support, and management necessary to provide the services in accordance with the SOW entitled Traffic Management Systems Engineering and Development Support (TMSEDS) and other terms and conditions of this contract through one or more of the contract types set forth below.

N/A $(TO BE COMPLETED AT TIME

OF AWARD)

00101 Fixed Price Task Orders NSP NSP 00102 Cost Plus Fixed Fee – Term (LOE)

Type Task Orders

NSP NSP

00103 Cost Plus Fixed Fee – Completion Type Task Orders

NSP NSP

00200 Minimum Guarantee $2,500.00 $2,500.00

2. On Page 25, revise the clause at F.2, entitled “Contract Period of Performance” to read as follows:

“This contract shall become effective on the date the CO signs the contract. The ordering period and performance period will begin on the date of contract award. The ordering period will continue for five years thereafter. Also see the clause in Section I.2 titled, "Ordering" (FAR 52.216-18). However, no task order shall have a period of performance that extends beyond 12 months after the final date for ordering. Also, see the clause in Section I.1 titled, “Indefinite Quantity” (FAR 52.216-22).”

3. On page 47, clause H.9, entitled “Maximum Fee/Profit”, the last sentence is amended to read as follows:

“*To be completed at the time of award of the contract; based on Contractor’s proposal Schedule 6 (see Section L of this Request for Proposal [RFP]).”

4. On pages 76-77, the Representation at K.5, entitled “Representation of Limited Rights Data and Restricted Computer Software (DEC 2007)” is hereby deleted in its entirety.

5. Section K, Subsection K.2, (c)(2) is revised to read as follows:

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_X_ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

_X_ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

6. On page 83, Section L.2.C entitled “Consistency Between the Cost and Business

Proposal and Technical Proposal” is revised to read as follows:

“Offerors are required to demonstrate consistency between the labor costs shown in the Cost and Business Proposal and the salaries of the persons whose resumes are submitted in the Technical Proposal. All aspects of the Technical Proposal that impact cost, whether the cost treatment is direct or indirect, shall be identified in the Cost and Business Proposal.

Offerors shall identify in the Cost and Business Proposal those persons whose resumes were provided in accordance with Section L.”

7. On Page 83, Section L.2.D entitled “Evaluated Labor Level”, remove the following sentence:

“This LOE is further subdivided on Schedule 5 into CPFF and FFP”.

8. On page 88, change the reference at the top of the page from Exhibit B to Attachment J.9.

9. Pages 89 through 93, Section L.4.D, entitled Section II - “L.4.D Section II – Information Other Than Cost and Pricing Data”, is reissued in its entirety (attached to this amendment).

10. On Page 95, delete the section entitled “Small Disadvantaged Business Participation”.

11. On Page 96, Section L.5.B Page Limits, change the maximum number of pages for the summaries of the five most relevant contracts (item (2) Past Performance) from 10 pages to 15 pages.

12. On Page 98, revise the second paragraph under the heading “Technical Understanding” to read as follows:

“The Offeror will have up to 40 uninterrupted minutes to make its presentation upon the CO’s direction to begin. The 40-minute time limit will be strictly enforced. “

13. On page 99, Section L.5.D.2, Written Proposal, Part A – Task Staffing, change the Volume number for Task Staffing from Volume I to Volume II.

14. On page 100, Section L.5.D.2, Written Proposal, Part A – Task Staffing, revise the second paragraph under “Resume Format” to read as follows:

“Further, the Offeror’s resume submission must be accompanied by a resume validity letter for all proposed resumes. A certified resume, at a minimum, must include a statement regarding the veracity of the information provided in the resume by the individual. Each letter must be individually signed and dated by the proposed person.

The certification statement should be at the bottom of each resume.”

15. On Page 101, Part B – Past Performance, raise the dollar threshold in this section from $1,000,000 to $10,000,000.

16. On page 109, delete the following factor from Section M.4, entitled “Cost Business Proposal Evaluation Criteria”:

“In accordance with FAR subpart 19.12, Offerors must address the extent of participation of SDB concerns with their offers. SDB target participation must be expressed as dollars and percentages of total contract value in each of the applicable, authorized NAICS Industry Sub-sectors and a total target for SDB participation by the Contractor. SDB targets will be incorporated into any resulting Prime contract, and Contractors will be required to report SDB participation. Offerors shall describe how they derived the SDB targets.”

17. On Attachment J.2, entitled “Quality Assurance Surveillance Plan (QASP)”, in the first paragraph make the following change:

Remove: “…Air Traffic Engineering and Program Support (ATEPS) Small Business Set Aside (SBSA) master contracts.”

Insert: “…Traffic Management Systems Engineering and Development Support (TMSEDS) master contracts.”

18. On Attachment J.8, Schedule 9, remove the following from note (1)

“See Section L, para L.6.11.2(h) of the RFP.”

19. In Attachment J.8, Schedule 10, change the Schedule reference in note (2) from Schedule 5 to Schedule 4.

20. Attachment J.9 has been revised and is attached to this amendment.

21. The due date and time for the submission of proposals has been extended. Proposals are due at 3:00 PM ET on Thursday, July 7, 2016.

22. Please acknowledge receipt of this amendment with the submission of your proposal.

23. All other terms and conditions of this solicitation remain unchanged

L.4.D. SECTION II – INFORMATION OTHER THAN COST AND PRICING

DATA

The Offeror shall submit a signed Proposal Cover Sheet (Attachment J.7) and cost and pricing data as described below. Summary data shall be placed on the Proposal Cover Sheet and the data on Schedule 1 through Schedule 10 will support the data submitted. In addition, as discussed in Section L, Paragraph L.2.D., Offerors should ensure consistency between the Cost and Business Proposal and the Technical Proposal.

All costs, rates, factors, assumptions, and calculations must be shown and supporting rationale and documentation included. A narrative must be provided addressing each cost element and methodology.

Direct Labor

On Schedule 4, provide the proposed unloaded hourly labor rates for the labor categories defined in Attachment No. J.3 - LABOR CATEGORY QUALIFICATIONS. Show calculations used to compute the proposed direct labor rates. Provide the basis and rationale for the labor rates proposed; for example, company-wide bidding rates, current salary data for named individuals, survey data, or anticipated new-hires, etc. Show how company categories are mapped to the RFP categories. Explain your approach and show how the educational and experience requirements in the RFP relate to your company categories.

On Schedule 10, provide the name, the actual hourly rates (annual salary divided by 2,087) for the proposed Key Personnel and the labor category rate from Schedule 4.

Current labor and salary data should be escalated to the performance period. Offerors should use

2.25 percent per year to escalate its current data. If an alternative escalation factor is used, provide documentation and rationale. In either event, show all calculations.

If the individual is a contingent hire, a signed letter of intent that includes salary will be included.

If any individual’s labor rate is 5 percent more or less than the proposed labor rate for that category, show calculations and provide a narrative addressing cost-realism for the proposed rate for that category.

Unless one person is the Task Area Manager for more than one Task Area, there will be 16 resumes provided in response to the instructions at Section L, Paragraph L.5.D., PART A - STAFFING. For each resume, provide the name, labor category, current labor rate, and the labor rate escalated to the cost proposal performance period in Schedule 10. If any individual’s labor rate is 5 percent more or less than the proposed labor rate for that category, show calculations and provide a narrative addressing cost-realism for the proposed labor cost.

Resumes and Cost Realism

There will be 16 resumes to be provided in response to the technical proposal instructions.

Offerors must complete the following table and include it in the Cost and Business Proposal.

The Offeror must provide convincing documentation if it proposes personnel who are not its employees. This information must be consistent with the staffing approach described in the Technical Proposal. If a significant percentage of the staff on the prior efforts to this work is expected to be recruited/retained, the Offeror should describe how those employees will be integrated. This includes, for example, information about whether the staff will be hired at current salaries and whether fringe benefit seniority will be grandfathered, etc.

For individuals for whom the Offeror provides resumes, signed Letters of Intent (contingent offers of employment) are required for any individual currently not employed by the offeror.

The signed Letters of Intent must include the salary at which the individual has agreed to be hired should the Offeror be selected for award. The signed Letters of Intent should be included in the Cost and Business Proposal. Similar Letters of Intent, excluding salary information, are required as part of the Technical Proposal.

EXHIBIT A: RESUME CHECKLIST

No. of Resumes

Employee Name Prime or Subcontractor Name

Program Manager 1

Task Area Managers:

C.3.1 Air Traffic Management Systems

C.3.2 Position, Navigation and Timing Systems

C.3.3 Communication Systems

C.3.4 Autonomous Operations and Remote Sensing Systems

C.3.5 System Engineering 1

Senior Staff 3

Middle Staff 2

Staff 2

Junior Staff 1

Senior Technician 1

Technician 1

TOTAL 16

Labor rates proposed on Schedule 4 must be consistent with the salaries of the persons whose resumes are submitted. Schedule 10 requires the Offeror to justify the realism of the labor cost by providing the unburdened labor rate of the resumed key person being proposed.

Labor Escalation

Offerors must escalate current payroll data to the performance mid-point and show all calculations. The recommended escalation factor is 2.25 percent per year. An Offeror who elects to use any other factor must provide the rationale for the factor.

Uncompensated Overtime

See Section G, Paragraph G.11 - COST ACCOUNTING SYSTEMS. All Offerors shall clearly whether or not uncompensated overtime is included in the proposal. If uncompensated overtime is used in this proposal, the Offeror must have an accounting system to record all hours worked.

Offerors must show how it is incorporated into the proposal and its cost impact. Offerors must provide an explanation of the cost accounting treatment of uncompensated overtime and include a copy of the uncompensated overtime policy.

Offerors cannot propose uncompensated overtime at the task order level if uncompensated overtime is not proposed for the Master Contract. If uncompensated overtime is proposed at the task order level, Offerors will be required to provide uncompensated overtime hours during performance.

Uncompensated overtime will be evaluated in accordance with FAR 52.237-10.

Compensation for Professional Employees

FAR 52.222-46 - Evaluation of Compensation for Professional Employees (FEB 1993) is incorporated. Offerors must provide the information on compensation and fringe benefits required by the clause for evaluation by the Government.

Administrative Labor

The Administrative Staff hours must be estimated by each Offeror and subcontractor because different accounting practices will impact the hours required. The types of labor activities and the rationale for the estimate must be included. Administrative labor that is not described and priced out will not be billable during performance without prior CO approval.

The following labor functions are not included in the Government’s LOE; and if direct recovery is anticipated, the Offeror should ensure that estimates for the following activities are included in its proposal: contract administration, subcontract administration, clerical and secretarial activity, work status reporting, financial reporting, and project reporting.

Bid and Proposal Costs

Bid and proposal costs for task order proposal preparation will not be reimbursed as direct costs.

(See Section G, Paragraph G.11 - COST ACCOUNTING SYSTEMS).

Other Direct Costs (ODCs)

There are two types of ODCs: (1) RFP-stipulated ODCs - those costs common to all Offerors that result from Government direction and which may not now be estimated, and (2) Offeror-estimated ODCs - those costs that vary from Offeror to Offeror and result from different accounting practices.

RFP-stipulated ODCs: Offerors should include the amounts shown in the following table. The travel and equipment amounts should be retained by the Prime. RFP-stipulated costs should be burdened in accordance with established practice.

Travel Miscellaneous Equipment

Firm-Fixed-Price $ 10,000 $ 10,000 $ 40,000

Cost-Plus-Fixed-Fee $ 90,000 $ 90,000 $ 360,000

Offeror-estimated ODCs: Offerors should identify and estimate amounts for any additional ODCs that are anticipated to support the proposed effort. ODCs not identified and priced in the Offeror’s proposal will not be billable during performance without prior CO approval. (See Section G, Paragraph G.11 - COST ACCOUNTING SYSTEMS).

Indirect Rates

The Government expects that the preponderance of work will take place at the Offeror’s facility, but some task orders will be performed at a Government facility. For pricing proposal purposes, only the Contractor-site overhead rate shall be used. Offerors must disclose and explain the development and calculation of a Government-site rate.

Offerors are required to provide a schedule of their indirect rates and identify the allocation base used for recovery on Schedule 5. Include all indirect rates that the Offeror maintains in its accounting records that may be used during performance of this contract. Use continuation sheets for additional rates whenever necessary.

Identify indirect rates that a Government audit agency has approved for forward pricing. If not approved, state the basis of the proposed rate (e.g., previous year’s actuals, current fiscal year to date, business plan, etc.). Provide historical rate information, rationale, and other factors used to develop the proposed indirect rates used to cost the proposal. Also, provide actual expense pool amounts, allocation bases, and rates which have been submitted to the DCAA (or other cognizant Government audit agency) in your overhead rate proposal for establishing final indirect rates.

Offerors shall provide a copy of their most recent correspondence with the applicable Government audit agency.

Cost ceilings may be required under this contract for the Prime or one or more subcontractors.

Offerors should review the situations described in FAR 42.707(b)(1) to determine whether or not ceilings should be utilized and, when appropriate, propose ceilings.

Subcontracts

The Government anticipates that subcontracts will be predominantly CPFF except for Consultants which will be either T&M or Labor Hour. The guidance in FAR Part 16 should be followed. For example, those Offerors contemplating Time and Materials (T&M) or Labor Hour subcontracts shall follow the procedures specified in FAR Subpart 16.6. If subcontract consent is not possible at time of award, an Offeror may face performance risk and, therefore, may jeopardize its award. The Offeror should be mindful of this as it selects its subcontracting team, assembles its Cost and Business Proposal, and reviews the subcontract packages. It is the responsibility of the Prime Offeror to review and evaluate subcontract proposals and accompanying data and furnish the results of such review to the Government as part of the cost submission, regardless of whether the details are provided to the Prime Offeror or separately to the Government. The Prime Offeror’s review should be as detailed as the information provided by the subcontractor directly to the Prime Offeror.

Cost-type subcontractors, regardless of the subcontract value, must follow the same proposal preparation instructions, complete the Cost and Business Proposal cover sheet, checklist, and cost schedules, and meet the same requirements for the Cost and Business Proposal as the Prime Contractor except for those sections that clearly have no applicability to a subcontractor. Cost-type subcontractors are NOT required to complete Section J, Contract Cost Proposal Schedules 6, 7, 8, 9 and 10. CPFF Subcontractors shall apportion their proposal using the same 90/10 ratio.

Cost-type subcontracts shall be adequately documented to facilitate the Government’s complete and meaningful review. If the subcontractor’s accounting system has not been reviewed by a Government audit agency and determined by the CO to be adequate for determining costs under a cost reimbursement-type contract, the cost-type subcontractor should describe its accounting system characteristics and state what actions it has taken to ensure the system will be recommended for approval by the CO when audited by a Government audit agency.

T&M subcontractors should not use the Cost and Business Proposal schedules. Consent for subcontracts of this type may be given based on either cost build-up or the commerciality of the billing rates. For consent based on cost build-up, details of each cost element must be provided (i.e., direct labor, overhead, General and Administrative (G&A)). Each cost element should be supported and explained. The application of a reasonable profit rate is expected. Include a signed statement that the offered rate is the “most favored customer rate” or explain why the most favored customer rate was not provided.

For consent based on commerciality of the billing rates, the Offeror must provide information and statistical data demonstrating the use of the billing rates in substantial quantities under like circumstances to the non-Government public. It is the Offeror’s and/or the subcontractor’s responsibility to convince the Government that the subcontractor’s billing rates are commercial rates. Include a signed statement that the offered rate is the “most favored customer rate” or explain why the most favored customer rate was not provided. The Offeror must include rates for all performance years and justify any escalation to out years.

In accordance with FAR 52.215-22, entitled “Limitations on Pass-Through Charges – Identification of Subcontracted Effort (OCT 2009), Offerors shall identify in its proposal the total cost of the work to be performed by the Offeror and the total cost of the work to be performed by each subcontractor for the contract.

Cost of Money

If Cost of Money is proposed in accordance with FAR 31.205-10, the Offeror shall provide supporting documentation and calculations.

Fixed Fee and Profit

The individual cost elements percentages used in task order proposal preparation during performance may be less than, but may not exceed, the percentages shown in Schedule 6. Those percentages must be used to develop fixed fee and profit amounts in Schedule 2 and Schedule 3, respectively. (See Paragraph H.9 - MAXIMUM FEE/PROFIT).

The Government considers fee and profit a function of competition, but may utilize the weighted guidelines method in TAM 1215.404-4, Appendix A, DOT Structured Approach for Profit and Fee Objective to evaluate them for reasonableness.

Accounting System

The Government does not anticipate requesting accounting system reviews before contract award. In accordance with FAR 16.301-3, Limitations, Offerors are not eligible to receive cost-type task orders until their accounting system has been approved by a cognizant audit agency, usually the DCAA. Furthermore, the Volpe Center cannot approve a cost-type subcontract to a proposed subcontractor that does not have an approved accounting system.

On Schedule 1, indicate whether the Offeror’s or the subcontractor’s accounting system has been audited and determined acceptable, audited and determined not acceptable, or never audited.

Identify the Government agency that audited the accounting system and provide evidence if determined acceptable. Evidence shall be in the form of the most recent applicable Government agency correspondence.

If the Offeror's accounting system has been audited and not accepted, provide details such as date of audit, deficiencies identified, corrective steps taken since disapproval, and reasons why approval of the accounting system is now assured.

If the Offeror's accounting system has never been audited, the Offeror must explain its understanding of the characteristics of an acceptable accounting system for Government cost-type contracts, describe the accounting system employed, identify the software package used, and indicate any other steps the Offeror has taken to ensure that Government approval will occur.

An Offeror who fails to provide this information may be eliminated from consideration.

REVISED ATTACHMENT J. 9 - TMSEDS MASTER CONTRACT COST AND

BUSINESS PROPOSAL CHECKLIST

Prime Offeror /Subcontractor Name:_______________________________________________

Item Prime

Offeror

Cost-type

Subcontractor

T&M Subcontractor

Proposal Page

Reference

Standard Form (SF) 33, completed and signed X X X Acknowledgement of Amendments to the solicitation, if applicable

X X X

Representations, Certifications, and Other

X X X

Signed Proposal Cover Sheet (Attachment J.7) X X X

Schedule 1: Summary of Estimated/Proposed Costs and Fixed Fee/Profit

X X

Schedule 2: Summary of Proposed Costs and Fixed Fee by Cost Element

X X

Schedule 3: Summary of Proposed Costs and Fixed Fee by Cost Element

X X

Schedule 4: Calculation of Direct Labor Cost

Schedule 5: Proposed Indirect Rates and Allocation Bases

X X

Schedule 6: Proposed Fixed and Profit Calculation and Master Contract Maximum Fee/Profit Rates

X

Schedule 7: Table of Subcontractors X

Schedule 8: Allocation of Labor Hours Between Offeror and Subcontractors

X

Schedule 9: Schedule of Offeror Proposed Other Direct Costs

Schedule 10: Resume Checklist X

Results of review of subcontractor proposals and accompanying data

X

Evidence of commerciality or detailed information showing cost buildup and profit, and “most favored customer” billing rates (T&M subcontracts )

X

Supporting documentation for proposed direct labor rates including salary information, escalating to the performance period, mapping to Offeror labor categories in accordance with education and experience requirements (Attachment J.3)

X X

Administrative staff labor hours including types of labor activities and rationale for the hours included

X X

Supporting documentation for escalation factor used (if escalation factor is higher or lower than 2.25%)

X X

Support for indirect rates proposed, including the basis of rates being used, historical rates, cost pool composition, and evidence of Government audit agency review/acceptance (if available).

X X

Cost of Money calculations, if proposed X X

Offeror-estimated ODCs (identify specific costs and provide rationale for estimates, which become contractual)

X X

Information on uncompensated overtime and additional information if proposed.

X X

Information on compensation and fringe benefits required by FAR 52.222-46, Evaluation of Compensation for Professional Employees

X

Data and rationale for any factors that should be considered for weighted guidelines approach to the evaluation of fixed fee.

Information on accounting system and evidence that the accounting system has been reviewed by a Government audit agency (such as the DCAA or DCMA) and determined to be acceptable for determining costs under a cost reimbursement- type contract.

X X

Cost Control Plan X Information Required for Subcontract Consent

Conflict of Interest Disclosure Statement (with Mitigation Plan, if applicable)

X X X

Subcontracting Plan X

Identification of Subcontracted Effort with description of value added

Government Responses to Offeror Submitted Questions

Attachment to Amendment 00003

Question Number

RFP Reference (Section, Para., Title, Attachment) Page No./Reference Question/Comment and Government Response

1 L.5.D.1 Oral Presentation

97-98

The time limit for the Technical Understanding topic during Oral Presentation in the table cites 40 minutes. The narrative under “Technical Understanding” states that “The Offeror will have up to 60 uninterrupted minutes to make its presentation.”

Offeror assumes that 60 minutes is correct and that the table will be revised accordingly. Please confirm.

Government Response: The presentation table is correct (40 minutes for Technical Understanding). See item 12 of this Amendment.

2 Section F.2

The clause states “The performance period of the contract will continue until the time specified in the clause in Section I.1 entitled Indefinite Quantity (FAR 52.216-22).”

Two questions:

1) Please confirm that the reference should be to Section I.2;

and

2) There is no time specified in Clause 52.216-22. Please confirm that the performance period will be five years from the date of award.

Government Response: See item 2 in this Amendment.

3 H.24 – Conflict of Interest Disclosure

Section H.24 says “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.”

Please confirm that offerors do not have to list every contract they have had with DOT but rather only disclose those contracts that may cause an OCI under the TMSEDS contract.

Government Response: Only disclose those contracts that are related to the work identified in the Statement of Work.

4 K.5 FAR 52.227-15

REPRESENTATION OF

LIMITED RIGHTS DATA

AND RESTRICTED

COMPUTER SOFTWARE

(DEC 2007)

76-77

The text of this clause matches the text provided in Clause 52.209-7 and it appears to be incorrect as it does not match the actual FAR clause language.

Please confirm that the text should be that of FAR Clause 52.227-15.

If so, will the Government please provide an updated Section K?

Government Response: See items 4 and 5 of this Amendment.

5 L.4.D - SECTION II –

INFORMATION OTHER

THAN COST AND PRICING

DATA 89

The very first sentence says “The Offeror shall submit a signed Proposal Cover Sheet (Schedule 1)…”.

We believe this should say “The Offeror shall submit a signed Proposal Cover Sheet (Att. J.7)…”. Please confirm.

Government Response: See item 9 of this Amendment.

6 L.4.D – Direct Labor

The solicitation states “On Schedule 6, provide the name, the actual hourly rates (annual salary divided by 2,087)…”.

Please confirm that this should say “On Schedule 6, provide the name, the actual hourly rates (annual salary divided by 2,080)…” as 2080 is the maximum amount of hours in a full man year (52 weeks * 40 hours)

Government Response: A contract man-year equivalent (CME) is defined as 2,087 based on factoring in leap years. Every 4th year raises the average number of weeks per year (over a four year period) from 52.14286 weeks to 52.17857 weeks per year.

Multiplying 52.17857 by 40 hours gives us the 2,087 CME.

7 L.4.D – Direct Labor

The very first sentence says “On Schedule 5, provide the proposed unloaded hourly labor rates…”.

We believe this should say “On Schedule 4, provide the proposed unloaded hourly labor rates…”. Please confirm.

Government Response: See item 9 of this Amendment.

8 L.4.D – Direct Labor

The second paragraph under Direct Labor starts with “On Schedule 6, provide the name…”

We believe this should say “On Schedule 10, provide the name…”.

Please confirm.

Government Response: See item 9 of this Amendment.

9 L.4.D – Direct Labor

The second paragraph under Direct Labor ends with “…and the labor category rate from Schedule 5”

We believe this should say “…and the labor category rate from Schedule 10”. Please confirm.

Government Response: See item 9 of this Amendment.

10 L.4.D – Resumes & Cost Realism

The second paragraph below the Resume Checklist says “Labor rates proposed on Schedule 5 must be consistent with the salaries of the persons whose resumes are submitted. Schedule 6 requires the Offeror to…”

We believe this should say “Labor rates proposed on Schedule 4 must be consistent with the salaries of the persons whose resumes are submitted. Schedule 10 requires the Offeror to…”. Please confirm.

Government Response: See item 9 of this Amendment.

11 L.4.D – Labor Escalation

The RFP states “Offerors must escalate current payroll data to the performance mid-point and show all calculations. The recommended escalation factor is 2.25 percent per year”.

Since Offerors are only required to provide rates for the first year, please confirm that Offerors just need to address their proposed escalation factor in the cost narrative and nothing needs to be shown in regards to escalation in Attachment J.8.

Government Response: If changes in labor escalation occurs during the first year of contract performance, then offerors must show the calculations.

12 L.4.D – Indirect Rates

The second paragraph under Indirect Rates states “Offerors are required to provide a schedule of their indirect rates and identify the allocation base used for recovery on Schedule 8.”

We believe this should say “states “Offerors are required to provide a schedule of their indirect rates and identify the allocation base used for recovery on Schedule 5.” Please confirm.

Government Response: See item 9 of this Amendment.

13 L.4.D – Indirect Rates

The RFP requires Offerors to “Provide historical rate information, rationale, and other factors used to develop the proposed indirect rates used to cost the proposal.”

Please confirm that such information and rationale is not required as long as an Offeror has indirect rates that a Government audit agency has approved for forward pricing.

Government Response: Offerors are required to provide historical rate information even for offerors that have approved forward pricing.

14 L.4.D – Accounting System

The second paragraph under Accounting System starts off by saying “On Schedule 1, indicate whether the Offeror’s or the subcontractor’s accounting system…”

We believe this should say “In Attachment J.7, indicate whether the Offeror’s or the subcontractor’s accounting system…”. Please confirm.

Government Response: See item 9 of this Amendment.

15 L.4.D – Accounting System

At the bottom of page 93 there’s a note that says “Offerors may modify the following schedules (font size, portrait or landscape orientation, etc.) provided all of the requested information is included and furnished in similar format.” However, there are no schedules listed. Please clarify which schedules/attachments can be modified.

16 L.4.E – Subcontract Consent

Please confirm in accordance with FAR 52.244-2, that consent is not required as long as an offeror has an approved purchasing system and therefore offerors do not need to provide the information listed in FAR 52.244-2(e)(1).

If the information listed in FAR 52.244-2(e)(1) is required, would the Government please consider only requiring it for subcontractors with anticipated values greater than $1M?

Government Response: The RFP requires consent on all subcontracts whether or not the offeror has an approved purchasing system.

17 L.4.E – Small Disadvantaged Business Evaluation

Within page 95 of the solicitation it displays the small business socioeconomic goals as SB: 49.5%, SDB: 5%, WOSB: 5%, HUBZone: 3%, SDVOSB: 3% as percentages of total dollars being subcontracted. Further detailed within the Small Disadvantaged Business Evaluation paragraph, it states “SDB target participation must be expressed as dollars and percentages of total contract value, in each of the applicable, authorized NAICS Industry Sub-sectors, and a target for SDB participation by the Contractor.”

Please confirm that the SB goals for this solicitation are based on the percent subcontracted and not on the total contract value.

Government Response: The small business subcontracting plan goals are based on the percent subcontracted. The section entitled “Small Disadvantaged Business Participation” has been deleted from the solicitation. See item 10 of this Amendment.

18 L.5.D.2 – Proposed Technical Staff 100

On page 100 it says “If a resumed person is not presently an employee, provide a signed letter of intent with the annual salary stated”

However, on page 90 under Resumes & Cost Realism, it says “The signed Letters of Intent should be included in the Cost and Business Proposal. Similar Letters of Intent, excluding salary information, are required as part of the Technical Proposal.”

Please confirm that the signed letters of intent that are submitted as part of Volume II should not include the annual salary information.

Government Response: The reference to providing annual salary for proposed candidates in the Written Technical Proposal is incorrect. Government Response: See item 14 of this Amendment.

19 L.5.D.2 – Resume Format

The Offeror’s resume submission must be accompanied by a commitment/resume validity letter for all proposed resumes. At a minimum, the resume must include a statement regarding the veracity of the information provided in the resume. The letter must include commitment from the individual to perform the work. Each letter must be individually signed and dated by the proposed person.

Please confirm that the signed commitment/resume validity letters are excluded from the 3-page count limit?

Government Response: The commitment/validity letters do not counted towards the page limitations.

20 L.4.E – Small Disadvantaged Business Evaluation

The RFP states “In accordance with FAR Subpart 19.12, Offerors must address the extent of participation of small disadvantaged business (SDB) concerns with their offers.”

Upon research, it seems Subpart 19.12 has been removed from the FAR (it’s currently marked as ‘Reserved’) as it was found to be unconstitutional by the Court of Appeals for the Federal Circuit.

Therefore, please confirm that the only requirement regarding Small Disadvantaged Businesses is the 5% subcontracting goal and that all language regarding the Small Disadvantaged Businesses participation plan will be removed from Sections L & M of the TMSEDS solicitation.

Government Response: The section “Small Disadvantaged Business Participation” has been deleted. Section M has also been revised to remove the evaluation factor for Small Disadvantaged Business Participation. Refer to Amendment 000003. The Small Disadvantaged Business subcontractor goal remains unchanged. See items 10 and 16 of this Amendment.

21 Revised J.8 , Amend 0001 and L.4.D

Instructions in L.4.D require the Offeror to complete Schedule 1 through Schedule 9 of Attachment J.8. Revised Schedule J.8 released with Amendment 0001 has 10 tabbed schedules (Schedule 10, Resume Checklist and Labor Cost Realism). Will the language in paragraph L.4.D be revised to reflect the 10 Schedules?

Government Response: See item 9 of this Amendment.

22 L.4.A, Checklist reference

Checklist to facilitate Cost and Business Proposal is referenced as Exhibit B. Please confirm the checklist is now Attachment J.9

Government Response: See item 9 of this Amendment.

L.5.D.2

Part A – Task Staffing is listed as part of Volume I. Please confirm that this is a typographical error and that it should state Volume II.

Government Response: See item 13 of this Amendment.

23 J.8_Master_CBP_Schedules

Att. J.8, Schedule 6

Schedule 6 does not break out as such to accommodate other schedules. For instance Prime DL is not listed. Should Prime costs be included in "All Other Costs from Schedule 2 (2)" or should template be adjusted to accommodate?

Government Response: See item 9 of this Amendment.

24 L.5.D.2, Part B

May the offeror use Task Order Contracts under IDIQ contract vehicles, similar size, scope, and complexity as Past Performance contract references?

Government Response: Yes.

25 L.5.D.2, Part B

Instructions state that “Offerors must send a Client Authorization Letter (Attachment J.10) and Past Performant Questionnaire (Attachment No. J.5) to all non-Federal Government references listed in the five most relevant sources…”

Please clarify whether the Client Authorization Letter and Past Performance Questionnaire are required for only non-Federal Government references, or for each of the five most relevant references?

Government Response: The purpose of the client authorization letter is to allow the Government to verify past performance evaluation information that may be submitted with a completed questionnaire. Both the Client Authorization Letter and Past Performance Questionnaire for required for non-Federal Government or private sector references. Note that the offeror is responsible for ensuring that the Government receives completed past performance questionnaires by the proposal due date.

26 L.5.D.2, Part B 101 Instructions state that “Offerors shall submit their past performance information as a separate part of their proposal for both the Offeror and major (over 20 percent of the hours in the Cost and Business Proposal) proposed subcontractor(s).

Question 1. May the offeror use relevant past performance information of a subcontractor as one of the five most relevant contracts if that subcontractor is not proposed as “major” (over 20 percent of the hours)?

Question 2. May the offeror submit relevant past performance information from a contract where it served as a subcontractor?

Government Responses: Question 1: No – only from the offeror or major subcontractors will be considered/evaluated. Question 2: Yes - provided that they were a major subcontractor.

27 L.5.D.2 Part B – Past Performance

The RFP states “If the contracting activity has completed a contractor evaluation report and provided a copy to the Offeror, particularly those completed in accordance with Subpart 42.15 of the FAR, a copy of this report is sufficient.” Later in the same paragraph it is stated: “However, the Offeror is responsible for making all reasonable efforts to ensure that copies of the performance evaluation reports (including those found in PPIRS) are provided directly to the Volpe Center CO by the appropriate contracting activity’s responding official….”

Question: Is the Volpe Center requesting that the Offeror submit in Volume II Section B of our proposal an evaluation report if one has been provided to us? Or are you requesting that our contracting activity’s responding official provide this report directly to the Volpe Center CO? Or are you requesting that both the Offeror AND the cognizant contracting activity responding official provide evaluation reports to the Volpe Center?

Government Response: If the contracting activity has completed a contractor evaluation report and provided a copy to the Offeror, particularly those completed in accordance with Subpart 42.15 of the FAR, please submit copy with your proposal. If the contracting activity has not completed a past performance evaluation, they may complete the Past Performance Questionnaire (Attachment J.5). The evaluator completing the questionnaire must send the report via e-mail to Jared.Hegberg@dot.gov and to Robert.Robinson@dot.gov.

28 Webinar

N/A

Can you please confirm the Technical and Cost Proposals should be provided on separate CD or DVDs?

Government Response: Technical and Cost Proposals shall be provided on either on a CD or DVD.

29 Section L.2

Item 2)b. indicates "offers shall submit (1) physical copy (CD or DVD) of their proposal. Page 25 of the webinar indicates 2 copies are preferred. Can you please clarify which is desired?

Government Response: A minimum of a single copy of a CD or DVD is sufficient.

30 Section L.4.D

Can you please verify our assumptions regarding schedule references:

1) In the opening paragraph, should the reference to the Proposal Cover Sheet (Schedule 1) instead refer to the Proposal Cover Sheet (Attachment J.7)?

mailto:Jared.Hegberg@dot.gov mailto:Robert.Robinson@dot.gov

2) In the Direct Labor section, should references to Schedule 5 be to Schedule 4 and references to Schedule 6 be to Schedule 10?

Government Response: See item 9 of this Amendment.

31 Section L.4.D

Can you please confirm the mid-point in the “Labor Escalation” requirement "Offerors must escalate current payroll data to the performance midpoint and show all calculations" refers to the mid-point of the year 1 bidding period?

Government Response: Yes.

32 Section L.4.E

Regarding the Small Business Subcontracting Plan, it is noted that Offerors are to be advised that Subcontracting Plans will be evaluated under the new USDOT partnership with the Small Business Administration on subcontracting program reviews.

Can you please share this evaluation criteria or where bidders may find this information?

Government Response: The language refers to SBA’s Subcontracting Program Compliance Reviews which are performed during contract performance.

33 Section L.5.D.1

The table in this section shows the Technical Presentation to be 40 minutes while the text on the following page shows it to be 60 minutes -which is correct?

Government Response: See item 12 of this Amendment.

34 Section L.5.D.2

Given the ordering period of the IDIQ, undefined schedule and scope of work for potential multiple-awardees, would Volpe consider removing the commitment requirement from the resumes? At minimum, would Volpe consider removing the requirement for the non-key personnel staff positions? By way of an example, in the event that only the guaranteed minimum dollar amount of $2,500 was awarded to a bidder, it could potentially be difficult to keep sixteen experienced personnel on-hand prepared to perform the proposed scope over a five year period.

Government Response: The resume format language has been revised to remove the commitment language. The requirement to certify the information on the resume is unchanged. Government Response: See item 14 of this Amendment.

35 Section L.5.D.2

Actual labor rates (i.e. employee salary data) is HR Sensitive information; would it be possible to provide the closest labor rate category and rate associated with these individuals? Or are actual annual salaries only required to be included in signed letters of intent for a resumed person who is not presently an employee?

Government Response: The purpose of requiring actual labor cost information is to determine cost realism and to ascertain whether the proposed labor rates are consistent with the salaries of the personnel whose resumes are being provided. No salary information is to be included in the Technical Proposal.

36 Section L.5.D.2

For the Past Performance evaluation reports, can you please confirm our understanding the contracting activity must provide the performance report directly to the Volpe Center even for those past performance programs which the contractor has a valid CPARS?

Government Response: If the offeror is in possession of a completed CPARS, they may submit the CPARS with their proposal. If one has not been completed, then the contracting activity must submit a past performance evaluation directly to the Government.

37 Direct Labor 89 The instructions include the calculation of the actual hourly rates as the annual salary divided by 2,087 hours.

Many, if not most, contractors use the annual salary divided by 2,080 hours to calculate their employee hourly rates for payroll purposes.

Note that Attachment J.8, Schedule 10, requires offerors to identify any resumed person’s actual current labor rate from payroll records.

Question: Are offerors permitted to apply their specific annual hours to develop the employee hourly rates for their payroll purposes rather than the 2,087 hours cited in the solicitation?

Government Response: A contract man-year equivalent (CME) is defined as 2,087 based on factoring in leap years. Every 4th year raises the average number of weeks per year (over a four year period) from 52.14286 weeks to 52.17857 weeks per year.

Multiplying 52.17857 by 40 hours gives us the 2,087 CME.

38 Subcontracts Attachment J.8, Schedule 4 Schedule 10

The instructions state CPFF Subcontractors should submit proposals in accordance with the Cost and Business Proposal instructions in this section except subcontractors DO NOT use Schedules 3, 4, 7 and 9.

Schedule 4 is the only Attachment J.8 Schedule that includes the calculation of total Direct Labor Dollars to the subcontractor’s allocated hours by Labor Category or where they can add any administrative labor hours and costs. It is also the schedule that provides the basis for comparison between the proposed average

Direct Labor unburdened labor rate between the Labor Category and the unburdened rate for resumed personnel required in Schedule 10.

Additionally, Attachment J.9 - Cost and Business Proposal Checklist requires Subcontractors to submit Schedule 4.

The Direct Labor instructions state if any resumed individual’s labor rate is 5 percent more or less than the proposed rate for that category, show the calculations and provide a narrative addressing cost-realism for the proposed labor cost.

Questions: Should CPFF subcontractors complete and submit Schedule 4, but use the Total Full Extended Labor Cost for establishing the CPFF values in Schedule 2 and disregard the 90% / 10% distribution of…