Amendment_0007.pdf

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Attached to
Debt Collection Services Award Federal contract opportunity
Solicitation number
ED-FSA-16-R-0009
Issued by
Department of Education Office of Federal Student Aid

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Amendment 0007

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The purpose of this amendment is to update Schedule B.3, Contract line Item Numbers and respond to questions submitted on Amendment 0005, ED-FSA-16-R-0009.

Update Section B.3 Contract Line Item Numbers

The following Contract Line Item Numbers (CLINs) will be incorporated into the IDIQ contract:

CLIN

No.

Description Estimated Quantity/Value

Commission/Fee Total Estimated Price

0001 Base Ordering Period - Regular Collections & Administrative Wage

Garnishment $364,421,002

15.2% per dollar of regular collection

$55,391,992.33 0002 Base Ordering Period -

Rehabilitation 191,801

$1,710 per rehabilitation $327,978,901.94

0003 Base Ordering Period - Consolidation

$38,360,105 2.75% per dollar of final payoff value $1,054,902.90

0004 Base Ordering Period - Administrative Resolution

134,452

$150 per administrative resolution $20,167,825.46 0005 Base Ordering Period -

Borrower Record Collection – Treasury Offset TBD TBD

Not to Exceed $7,672,021.10

1001 Optional Ordering Period - Regular Collections & Administrative Wage

Garnishment $383,601,055 15.2% per dollar of regular collection $58,307,360.35

1002 Optional Ordering Period - Rehabilitation

172,620 $1,741 per rehabilitation $300,532,246.46 1003 Optional Ordering Period –

Consolidation $38,360,105

2.75% per dollar of final payoff value $1,054,902.90

1004 Optional Ordering Period – Administrative Resolution

134,452

$150 per administrative resolution $20,167,825.46 1005 Optional Ordering Period –

Borrower Record Collection – Treasury Offset TBD TBD

Not to Exceed $7,672,021.10

The IDIQ contract minimum is expected to be $1,000.00. The total estimated IDIQ contract maximum ceiling is $800,000,000.00. The estimated quantities will be identified before contract award. The estimated quantity/value and total estimated price for base or option ordering periods may be shifted amongst CLINS as long as the contract ceiling is not exceeded.

Amendment 0005, Q&As

Please confirm changes to the proposed subcontracting plan should be submitted, if changes are made.

RESPONSE: Amendment 0005 states Offerors may submit updated Small Business Subcontracting Plans at the time of proposal submission, or later, if requested to do so by the Government.

Please confirm a redlined version and a clean copy are required if changes are made to the proposed subcontracting plans.

RESPONSE: Amendment 0005 states Offerors may submit updated Small Business Subcontracting Plans at the time of proposal submission, or later, if requested to do so by the Government. Amendment 0005 specifies which documents require revision marks.

Will ED release the template to be used to comply with the Subcontracting Plan requirements set forth as Alternate III (Nov. 2016) on page 4 of 18 of Amendment 5 so that offerors may submit the correct version?

RESPONSE: The Attachment 2 Subcontracting Plan format is not mandatory. Offerors may submit a Subcontracting Plan using the Word Document Attachment 2 but they must comply with FAR 52.219-9 Alternate III (Nov. 2016). Attachment 5 is to be used with the Small Business Participation Plan.

Amendment 05, page 17, Section D, Small Business Participation and Subcontracting Plan – Please confirm Offerors electing to submit revised Small Business Participation Plan and/or Subcontracting Plan, are required to submit both a redlined and a clean version of each?

RESPONSE: The Attachment 2 Subcontracting Plan format is not mandatory. Offerors may submit a Subcontracting Plan using the Word Document Attachment 2 but they must comply with FAR 52.219-9 Alternate III (Nov. 2016). Attachment 5 is to be used with the Small Business Participation Plan. Refer to Amendment 0005 for documents that require revision markings.

We are committed to 31% on subcontracting spend plus meeting ED targets for each sub category also. Our original submission was based on certain placement volume and recovery assumptions. Should we redo the anticipated dollar volume of small business spent based on new assumptions or is it permissible to resubmit the original small business subcontracting plan without changes given that placement volumes may be different than originally anticipated?

RESPONSE: It is up to each Offeror to forecast their subcontracting spend.

The amendment requires the offeror to mark any changes to the past performance and the quality control plan using track changes. However, the amendment does not address how using track changes will factor into the page limit. Will ED please clarify whether the version showing track changes must be within the original page limit? Would ED like offerors to submit two versions—one showing compliance with the page limit and the other showing changes to the proposal?

RESPONSE: Offerors shall submit both a redlined version, as well as a clean version of the revised documents. The clean version will count towards page limitations. If there are no revisions to be made, then submit the original document and state that no revisions were made.

The amendment requires the submission of resumes for the Contract Representative and the Project Manager. Please confirm that the resumes of these individuals will supersede the listed key personnel previously provided in Section D of the offeror’s proposal and that offerors do not need to revise the EDAR clause submitted in Section D of the original proposal.

RESPONSE: The resumes of the key personnel should match the names provided by the offeror in EDAR Clause 3452.243-70. If the names have changed, a revised EDAR Clause 3452.243-70 is to be provided in accordance with the requirements of the clause.

The original solicitation required bidders to submit negative judgment information since 2012. If a bidder has obtained a negative judgment since the submission of its proposal, should this section be updated to disclose the new negative judgments?

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions.

From Amendment 0006, page 3, Question and Response #9: Please clarify with a Yes or No – Are Amendment 5 items 1-7 in lieu of the previous RFP management plan requirements?

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions for RFP management plan requirements.

From Amendment 0005, page 16, the paragraph below item 7; specifically the last three sentences, do these three sentences pertain ONLY to the qualifications of individuals we submit with our proposal?

RESPONSE: The submission of resumes is only required for “key personnel.” Clause C.3.22 of the solicitation identifies only the “Contract Representative” and “Project Manager” as key personnel for purposes of the application of EDAR 3452.243-70. Resumes submitted for other than key personnel are subject to the page limitations of the solicitation for Management Plans.

Or do these three sentences pertain to anyone who may be named in any section of the proposal?

RESPONSE: These sentences pertain to submission of resumes for “key personnel” as outlined in EDAR 3452.243-70.

Pages 8-9, Update Section C.3 Additional Terms and Conditions, 52.239-70 Access to Contractor and Subcontractor Information Systems and Related Resources in Carrying Out Privacy and Information Security Inspections (DEVIATION): Will the Government please provide a schedule for conducting these assessments?

RESPONSE: A schedule of assessments is not available. Offeror’s must be prepared to meet contract security requirements

Pages 8-9, Update Section C.3 Additional Terms and Conditions, 52.239-70 Access to Contractor and Subcontractor Information Systems and Related Resources in Carrying Out Privacy and Information Security Inspections (DEVIATION): Will offerors be required to secure the services of an independent auditor or will the Government be conducting these inspections independently at their own expense?

RESPONSE: Refer to subparagraph (d) of the clause titled “Cost of Compliance”.

Do previous Q&A answers released prior to amendment 5 apply to this newly revised solicitation?

RESPONSE: This is not a relevant question regarding changes made to the solicitation by Amendment 0005.

Due to the requirement to show tracked changes, are all submission under Amendment 5 required to be in .DOC format?

RESPONSE: The solicitation does not specify file types, as long as all information is submitted in Times New Roman, 12 point per the terms of the original solicitation and the final submission meets the page limitations.

Are DOCX (Office 2007 and newer) files acceptable?

RESPONSE: The solicitation does not specify file types, as long as all information is submitted in Times New Roman, 12 point per the terms of the original solicitation.

Are PDF files acceptable as long as one copy shows the tracked changes?

RESPONSE: Yes.

Is ED going to use the same factors from the original solicitation in evaluating submissions received from offerors?

RESPONSE: This is not a change under Amendment 0005.

If evaluation factors have changed when will agencies receive a copy of the newly revised factors?

RESPONSE: This is not a change under Amendment 0005.

Amendment 5 and Amendment 6 do not have Item E in Section 13 checked to indicate whether contractors are required to sign and return the document with their submission. Are these two amendments required to be signed and returned with the submission?

RESPONSE: Yes. Amendments are to be signed and returned with the Offeror’s submission.

Should signed copies of Amendment 5 and 6 be returned in the revised Section D?

RESPONSE: Yes.

Are contractors required and/or allowed to modify items in Section A in addition to the Management Plan and Key Personnel Resumes?

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions.

The new solicitation does not have page limits for Section B. Are the previous page limitations for this section still required?

RESPONSE: Yes.

Are agencies required to submit a new financial audit?

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions.

Are offerors required to sign and date the conflict of interest certification with a new date or is it allowable to resubmit previously signed Conflict of Interest certifications?

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions.

Previously Section D was split into two separate submissions. Does ED desire to have the Subcontractor Plan, Subcontractor Info, and Representations and Certifications submitted separately from Section D as they were in February of 2016?

RESPONSE: Amendment 0005 clearly identifies a single submission date for documents to be submitted. Offerors may submit updated Small Business Subcontracting Plans at the time of proposal submission, or later, if requested to do so by the Government

Amendment 05, page 11, Alternate I (Deviation). As prescribed in 39.704(b) (Deviation), insert following paragraph (i) after paragraphs (a) to (h) of the basic clause: (i) ____[insert name of offeror]________ hereby represents to the Government that it is aware of the requirement to provide full access to its information systems and related resources, and to those of its subcontractors (as set forth in paragraphs (a) to (h) above), without undue delay or additional compensation.

Where would you like this included in the proposal?

RESPONSE: Include in Section D with Amendment 0005.

Amendment 05, page 15, Section A of Proposal: Management Plan - Please confirm Offerors are to submit a new Management Plan based on items 1-7, and not a redlined Management Plan of the previously submitted Management Plan. Please be specific, as the responses within Amendment 6, Questions 7 and Questions 9 are somewhat contradictory.

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions as well as revision marking instructions.

Amendment 05, page 16 Section A of Proposal: Resumes of Key Personnel Proposed - Please confirm that Resumes of Key Personnel do not count toward the Management Plan 10 page limit.

If we include resumes of important team members who are not Key Personnel, do those count against the 10 page limit?

RESPONSE: Resumes of Key Personnel do not count toward the Management Plan 10 page limit. Resumes of important team members who are not Key Personnel will count against the 10 page limit.

Amendment 05, page 16, Section B of Proposal: Past Performance – Please confirm that Offerors electing not to submit a revised Past Performance, are required to include the previously submitted Past Performance.

RESPONSE: Per Amendment 0005, Offerors may submit revised past performance information, but are not required to do so.

Amendment 05, page 17, Section C Quality Control Plan – Does a front cover page count towards the 50 page limit? Does a table of contents count towards the 50 page limit?

RESPONSE: The 50 page limit for the Quality Control Plan is all inclusive.

Amendment 05, Page 17, Section C, Quality Control Plan- States “bold red font for added or modified text." Should the clean version show the bold red text for added or modified text?

RESPONSE: The Government is seeking a complete QCP submission with a redlined version as appropriate, as well as a clean version.

Amendment 06 answer to #1: “Offerors shall submit both a redlined version, as well as a clean version of the revised documents. The clean version will count towards page limitations. If there are no revisions to be made, then submit the original document and state that no revisions were made.” Please confirm clean version can be submitted in PDF format.

RESPONSE: The solicitation does not specify file types, as long as all information is submitted in Times New Roman, 12 point per the terms of the original solicitation.

Amendment 06 the answer to Question #9 states “The Government is seeking a complete proposal submission with a redlined version as appropriate, as well as a clean version for page count purposes.” Section A and Section D of the original solicitation include multiple sections. Please confirm that updates are not being sought for sections other than what is specifically asked for in Amendment 05. – specifically changes or updates to Cover Page, Negative Judgements, Audited Financial Statements, Preliminary Plan for Continuation of Mission Critical Contractor Services, etc.

RESPONSE: Amendment 0005 clearly identifies required and optional document submissions.

There is no requirement to submit any documents which are not identified in Amendment 0005.

Amendment 06 the answer to Question #9 states “The Government is seeking a complete proposal submission with a redlined version as appropriate, as well as a clean version for page count purposes.” Amendment 05 states on page 17 for Section D of Proposal states that Offerors may submit revised small business participation plans and updated Small Business Subcontracting Plans. Per Amendment 002 the following sections were to be submitted separately from Section D:

• Attachment 5 – Small Business Participation Plan

• Attachment 2 – Subcontracting Plan

• Representations and Certification

Are these sections to be added back into and submitted with Section D?

RESPONSE: Amendment 0005 states clearly which documents are to be submitted as part of Section D. There is no requirement to submit any documents which are not identified in Amendment 0005.

Amendment Modification No. 006 of Solicitation No. ED-FSA-16-R-0009 (Q&A) states the following: 9. Section A of Proposal states Offerors are required to submit new management plans and key personnel resumes per the instructions below. Does this mean offerors are required to submit a new management plan and key personnel resumes addressing only items 1 through 7 on Page 16 of the amendment? What about Cover Letter, Negative Judgements that were required in Section A previously. Are these Items 1 thru 7 in addition to previous management plan requirements or supersede instructions issued in the previous RFP?

RESPONSE: Yes.

The Government is seeking a complete proposal submission with a redlined version as appropriate, as well as a clean version for page count purposes. Offeror Question] Amendment Modification No. 0005 did not require that Section A be submitted as a redlined version. Only Sections B, C and D required redlined versions, if any were made. Are you now stating that Section A also must be submitted as a redlined version?

RESPONSE: Amendment 0005 identifies the documents requiring redlined versions. There is no requirement to submit any documents which are not identified in Amendment 0005.

Does the paragraph following Question #7, relating to work experience, become Question #8 as part of the Management Plan and subject to the ten (10) page limit or is it related to the resumes of key personnel bullet, which is outside of the ten (10) page limit of the management plan?

RESPONSE: Key personnel resumes have a three page limit and are not part of the ten page management plan page limit.

When attaching an external hardcopy document from a third party (like a reference letter or an annual audited financial) how would FSA like the document to be redlined when an entirely new document is provided? Is it acceptable to just notate deleted and place a watermark red X on each page of the document and replace it with the new document?

RESPONSE: Amendment 0005 identifies the documents requiring redlined versions and required/optional documents to be submitted.

If resumes are changed, do the changes need to be appear as redlined?

RESPONSE: Offerors are required to submit new key personnel resumes per the instructions in Amendment 0005.

Regarding Section A, A005 is asking for a newly organized Management Plan (Section A) addressing 7 defined topic areas. A0006 suggests that like Section B, the new 10 page management plan should be submitted with revision marks, as well as a clean version for page count purposes. If it is the intent of ED (under its corrective action plan submitted to GAO) to re-evaluate offers received and A005 states that “Offerors are required to submit new management plans and key personnel changes…”, then why is a revision marked version of Section A required?

RESPONSE: Amendment 0005 clearly identifies documents that must be submitted.

Are Offerors allowed or required to update their submitted documents/sections that were not specifically addressed to be updated in Amendment 0005? (Yes or No) RESPONSE: No. Amendment 0005 clearly identifies documents that must be submitted.

Are Offerors required to provide updated financial statements in relation to Section D? (Yes or No) RESPONSE: No. Amendment 0005 clearly identifies documents that must be submitted.

Are Offerors required to provide an updated Place of Performance document in our Section D response? (Yes or No) RESPONSE: No. Amendment 0005 clearly identifies documents that must be submitted.

Does the Management Plan requirements provided in Amendment 0005 supersede the Management Plan Requirements in the ED-FSA-16-R-0009? (Yes or No) RESPONSE: Yes. Amendment 0005 clearly identifies Management Plan requirements.

Are the 7 items listed in the management plan outlined in Amendment 0005 the only information necessary to be submitted within an Offeror’s revised Management Plan? (Yes or No) RESPONSE: Amendment 0005 clearly identifies Management Plan requirements.

Will FSA only evaluate an Offeror’s Management Plan based on the 7 items listed in the updated Management Plan requested in Amendment 0005? (Yes or No) RESPONSE: This question is not a relevant question regarding changes made to the solicitation by Amendment 0005.

Microsoft Word tracks changes/modifications/revisions/additions to text with the information being in color and underlined. The requirements of this solicitation state that added or modified text needs to be bolded and in red. Will FSA accept standard Microsoft Word track change formatting for the purposes of redlining changes?

RESPONSE: Yes.

Are documents that were not required to be submitted in the prior submission (ex. Incentive Plans) required to be identified in red and bold?

RESPONSE: No.

Management Plan Question 1 states “Offeror’s shall also describe its policies and procedures to mitigate/prevent fraud.” Because this question immediately follows a question regarding employee incentive plans, is FSA looking for information on how the Offeror mitigates the risk of internal employee fraud relative to incentive plans? (Yes or No) RESPONSE: Yes.

If an Offeror includes names and titles of positions that manage the quality control of the Offeror within the Quality Control Plan (Section C) but does not specifically identify these individuals as “key personnel,” are these individuals considered “key personnel” for the purposes of this solicitation?

RESPONSE: Key personnel for purposes of the solicitation are those required by EDAR 3452.243-70. Additional resumes submitted are subject to the solicitation page limit requirements.

Please confirm that all changes required by FSA have been submitted in Amendments 0005 and 0006 and all previous requirements that have not been changed remain valid and unchanged.

RESPONSE: Yes.

Are Offerors allowed to update/make changes to their original Cover Letter? (Yes or No) RESPONSE: Amendment 0005 clearly identifies documents that must be submitted.

When responding to Section A Negative Judgments, does the date range remain unchanged from the original solicitation? (Oct 1, 2012 to Present) RESPONSE: Refer to Amendment 0005 for Section A documents that must be resubmitted .

Are Offerors required to provide an updated section on Negative Judgments in our Section A response, if any information has changed since our initial submission? (Yes or No) RESPONSE: Offerors are not required to submit this information but can do so if the information has changed.

Is FSA requiring that Offerors provide Alternate I (Deviation). As prescribed in 29.704(b) (Deviation), insert following paragraph (i) after paragraphs (a) to (h) of the basic clause. Are Offerors required to fill in the name of the Offeror and provide back to FSA at the time of submission? If yes, in which section should this be included?

RESPONSE: Section D.

FSA states that the purpose of Amendment 0005 is to: (among other things) 2) Update Schedule B. Is FSA referring to Section B.3 Contract Line Item Numbers? (Yes or No) RESPONSE: Yes.

Does ED have updated Small Business Goals, or should offerors rely on the goals provided in Amendment 4?

RESPONSE: The Small Business Goals identified in the original solicitation are still in effect.

Can offerors submit multiple Project Managers?

RESPONSE: The solicitation requires submission of a project manager and a contract manager.

Resumes submitted in excess of a project manager and a contract manager are subject to page limitations.

Offerors are required to submit the number and a brief description of their complaints. ED incumbents should submit borrower complaints as well as self-complaints. Non incumbents do not track self-complaints and thus would not be submitting them. How will ED compare the volume of each offerors submitted complaints when incumbents will be submitting self and borrower complaints and new offerors will only be submitting borrower complaints?

RESPONSE: This is not a relevant question regarding changes made to the solicitation by Amendment 0005.

If an offeror, chooses to completely replace their entire original response to any section, may the offeror state, "This entire section is being replaced" instead of submitting a redlined version?

RESPONSE: Amendment 0005 identifies documents that are to be replaced in their entirety without revision marks.

Some information, such as scripts, is too long to be effectively included due to page counts. May we include this sort of relevant information as an attachment and have it be excluded from the page count?

RESPONSE: Offerors are to comply with the page limitations outlined in the solicitation.

The answer to question 9 in Mod 6 states that the government is seeking a complete proposal package. Mod 5 states that revisions are only allowed to the Management Plan, Key Personnel, Past Performance, QCP, SB Participation Plan, and Subcontracting Plan. Some Offerors may wish to submit changes to other sections. For example, "Place of Performance" may have changed due to relocations or growth. Should changes be submitted to these sections?

RESPONSE: Amendment 0005 outlines the required and optional document submissions.

In Mod 5, Schedule B, the total contract value now appears to be $400 million. Why has the estimated contract value decreased so much?

RESPONSE: See Amendment 0007.

The instructions for the Management Plan allow for mapping to the relevant sections of the QCP.

May we also map to and from other sections and documents, such as from our QCP to Subcontracting Plan?

RESPONSE: It is up to each Offeror to determine the information they submit.

Are the terms of the task order the same regarding the 5 year base and 5 year option periods?

RESPONSE: This is not a relevant question regarding changes made to the solicitation by Amendment 0005.

The answers to question 7, 8, and 9 in Mod 6 appear to contradict each other. Question 8 states that Offerors are "required to submit a Management Plan and Resumes of Key Personnel."

Questions 7 & 9 state that the government is "seeking complete proposal packages". Are we required to resubmit the complete package, or only changed sections?

RESPONSE: Amendment 0005 clearly identifies documents that must be submitted.

Will proposal evaluators have all sections of an Offeror's proposal to review? If an offeror references their management plan in their subcontracting plan, will this cause confusion for the evaluators or will the evaluators be able to cross-reference?

RESPONSE: This is not a relevant question regarding changes made to the solicitation by Amendment 0005.

Section A, 2). Procedures for managing borrower's accounts, we have many procedure manuals that have been developed for the ED contract over the past 12 years. However, we don't believe ED is looking for a procedure for every aspect of handling their portfolio. Can we summarize the various procedures we have developed to handle the U.S. Department of Education collection accounts?

RESPONSE: It is up to the Offeror to determine what should be submitted.

Amendment 0005 permits submitting a revised Participation Plan. (updated section E.1 Section D of Proposal). The percentages of HUBZone and WOSB participation are different percentages in ED Attachment 5-Small Business Participation Plan and Attachment 2-Subcontracting Plan.

Should the Subcontracting Plan use the HUBZone and WOSB goals stated in the Participation Plan?

RESPONSE: Yes.

Does the clause for the additional terms and conditions 52.239-70 count toward the Management Plan page count?

RESPONSE: No.

Will Offerors receive an acknowledgement of receipt of the Proposal Submission from the mpddcteam by email or other method?

RESPONSE: You will receive acknowledgement via email.

Has the total estimated IDIQ contract maximum ceiling been reduced from $2,800,000,000.00 to $800,000,000.00?

RESPONSE: Yes.

Does the total estimated IDIQ contract maximum ceiling of $800,000,000.00 represent the ceiling value of one contract awarded to one offeror?

RESPONSE: No.

Does ED want to receive employee performance incentive program details enterprise wide or only for the ED contract employees?

RESPONSE: Only for the employees who will be supporting the ED contract.

Please provide clarification of the password sharing requirement in Section C.3 - 52.239-70 Access to Contractor and Subcontractor Information Systems and Related Resources in Carrying Out Privacy and Information Security Inspections (DEVIATION) Section (b) – (page 9 and 10 of the RFP PDF). “The contractor shall also provide the Government access to all user passwords and all password files to the extent necessary to validate the contractor’s password policy." It appears this instruction would violate FISMA and protocols around the protection of authentication of information.

RESPONSE: The instructions are clear and information should be provided when required.

If the intent of Section C.3 - 52.239-70 is for Offerors to ensure compliance with Offerors' password policy requirements, Offerors can provide system configuration documentation to support Offerors' compliance with Offerors' password policy requirements. Will this information meet the requirement of Section C.3 - 52.239-70?

RESPONSE: The clause clearly explains ED’s requirement.

As to Section C.3 - 52.239-70 (DEVIATION), does an entity providing skip tracing related servicers to an Offeror constitute a subcontractor that must provide ED access to the subcontractor's information systems? (TransUnion, Equifax, Experian, etc.)

RESPONSE: Guidance will be provided when information is requested.

Please confirm the definition of the Contract Representative.

RESPONSE: This is not a change under Amendment 0005

Please confirm the definition of Project Manager.

RESPONSE: This is not a change under Amendment 0005. 16.

If a new Section B for Past performance is submitted, what is the period of performance to be submitted for past performance ? For example, past performance during the period of years 2011 through 2016?

RESPONSE: The information required is for the same period of performance required by the original solicitation.

Does the redline version or the finalized version count toward the page limits?

RESPONSE: The finalized version

Should a finalized version be submitted along with the redline version?

RESPONSE: Yes

If an offeror is proposing that there will be no employee performance incentive under a resulting contract, will the Department require any documentation of current/former employee performance incentive programs?

RESPONSE: No.

Similarly, if the offeror does not have a current FSA contract, how will a proposed employee performance incentive plan be evaluated under the current evaluation criteria?

RESPONSE: The requirement to submit information on employee incentive plan does not require the offeror to have a FSA contract.

How will FSA evaluate employee performance incentive plans? Please clarify if the evaluation will be whether employee performance incentive plans mitigate or prevent fraud?

RESPONSE: Amendment 0005 identifies the information requested by FSA.

In our experience, we have not experienced fraud as defined under IPERA or FSA’s IG in their reports related to the debt collection contracts. Please clarify the type of fraud that FSA contemplates in this request for additional information since PCAs do not generate or disburse federal funds to borrowers. Or potentially if this is related to potential identity theft or theft of

PII.

RESPONSE: Amendment 0005 identifies the information which is required or optional for submission.

If this is an entirely new evaluation that is not affected by previous submissions, what is the Department’s purpose in requesting redlined proposals which would introduce multiple versions of the content including potentially dated information that should not be evaluated?

RESPONSE: The information submitted by the Offeror must meet the required page number and contain information required by Amendment 0005.

Amendment 5; Update Section C.3 Additional Terms and Conditions; 52.239-70 Access to Contractor and Subcontractor Information Systems and Related Resources in Carrying Out Privacy and Information Security Inspections (DEVIATION). The changes to Section C.3 of the solicitation made by Amendment 5 include a fill-in provision acknowledging the new requirement that ED have complete access to all contractor and subcontractor systems. Should this provision be included in the submission and, if so, which section should include it?

Reference:

Alternate I (Deviation). As prescribed in 39.704(b) (Deviation), insert following paragraph (i) after paragraphs (a) to (h) of the basic clause:

(i) [insert name of offeror] hereby represents to the Government that it is aware of the requirement to provide full access to its information systems and related resources, and to those of its subcontractors (as set forth in paragraphs (a) to (h) above), without undue delay or additional compensation.

RESPONSE: Please include the clause as part of Section D.

Amendment 5; Update Section C.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2017) Amendment 5 adds FAR 52.222-60 referencing E.O. 13673 in the changes to Section C of the solicitation. This order has been revoked by President Trump, as of March 2017. Please advise as to how this will be incorporated into resulting contract requirements.

RESPONSE: This clause will not be required upon contract award.

Amendment 5; Update Section C.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2017). Is the template provided by ED for use in creating a compliant Small Business Subcontracting Plan still valid? A review of regulations surrounding small business plans has identified a small number of relevant changes made in the transition to Alternate III (Nov 2016) of 52.219-9. Please clarify whether offerors should update to reflect the most recent regulations or use the ED-supplied template.

RESPONSE: The original solicitation stated that the Offeror may use the template. However, the Offeror must submit information as required by FAR 52.219-9, Alt III (Nov 2016).

Amendment 5; Page 1 – Amendment 5 . One of the declared purposes of the Amendment is to “Update solicitation Instructions to Offerors in response to a corrective action plan submitted to GAO”. Can the Corrective Action Plan submitted to GAO be made public? If so, we request that a copy be provided to offerors.

RESPONSE: This is not required to submit your proposal. Amendment 0005 provides details on what must be submitted.

Amendment 5; Update Section C.3 Additional Terms and Conditions, 52.239-70 Access to Contractor and Subcontractor Information Systems and Related Resources in Carrying Out Privacy and Information Security Inspections (DEVIATION), (c). Please confirm that this section is also now part of the 2014 small business contract for student loan debt collection awarded in 2014 (Contract Award Number: ED-FSA-14-D- 0010_through_0020) and applies to all subcontractors, small and large/unrestricted.

RESPONSE: This is not a relevant question under Amendment 0005.

Amendment 5; Update Section C.3 Additional Terms and Conditions, 52.239-70 Access to Contractor and Subcontractor Information Systems and Related Resources in Carrying Out Privacy and Information Security Inspections (DEVIATION), (c) Contract performance for FSA requires subcontracting and vendor relationships with firms such as Equifax and TranUnion to access information on borrowers that includes, among other things, employment and financial information. Companies such as these are credit repositories and are highly unlikely to provide operational and configuration control over their systems, many of which are used by other federal agencies including Homeland Security. Please confirm that FSA will provide the legal authority for directing such contractors to comply with this requirement.

RESPONSE: This is not a relevant question.

Amendment 5; Update Section E.1 Addendum to FAR 52.212-1 - Instructions to Offerors – Commercial Items (Jan 2017), Section C of Proposal, Quality Control Plan If the QCP we originally submitted is already 50 pages, tracking changes into the document will result in a document larger than 50 pages. When we submit the document it will be in a pdf format. Will this be acceptable?

RESPONSE: Offerors must ensure that the finalized document meets the page requirements.

What is the definition of "complaint" in this amendment (e.g. complaints reported by a consumer to a regulatory agency)?

RESPONSE: This is not a change. This was a requirement in the original solicitation in the QCP, which is attachment 1 of the PWS.

If an offeror chooses not to update Section B or Section D of its proposal, will the content in those sections be re-scored by the source selection committee (i.e. will the offeror's original score on Factor 1 or Factor 3 change)?

RESPONSE: The proposals will be evaluated in accordance with the requirements of the GAO corrective actions.

For Section A, does the mapping to the appropriate sections of the Quality Control Plan count towards the 10-page limit of the Management Plan?

RESPONSE: Yes

Is there a page limit on the resume of each member of key personnel?

RESPONSE: This is not a change under Amendment 0005.

If additional resumes are submitted, beyond the two required key personnel, do they count towards the 10 page limit on the Management Plan?

RESPONSE: It is up to each Offeror to determine what to submit in response to Amendment 0005. There is a 10 page limit to the Management Plan, regardless of what is submitted.

Do the evaluation criteria for Factor 2: Management Approach remain the same as in the original solicitation? "Each proposal will be evaluated on the capability of the offeror to manage and perform the work effectively and in full compliance with applicable rules as evidence by adequate quality controls; an effective management structure and processes, and qualified personnel."

RESPONSE: This is not a change under Amendment 0005.

Is the $800,000,000 IDIQ contract maximum ceiling in Amendment 5 incremental to the $2,800,000,000 ceiling in the original solicitation, or does it replace the $2,800,000,000 ceiling in the original solicitation?

RESPONSE: It replaces the $2,800,000,000.

For the seven topics required in the new Management Plan, may an offeror place the content of its response in the Quality Control Plan, with a reference in the Management Plan to the applicable section in the QC plan?

RESPONSE: The Offeror must submit information as required in Amendment 0005.

Page 3 of 18. Please confirm that offerors should use the pricing data in the CLIN table in section B.3. in creating or amending their subcontracting plans (Attachment 2 from the previous proposal submission).

RESPONSE: This information can be used it the Offeror wants to use it.

Please confirm that we are to submit a management plan with revision marks, as well as a clean version for page count purposes, as stated in Mod 0006 and not as stated in Mod 0005 where a revised portion is not required, nor permitted, for section A.

RESPONSE: Yes

We are confused by answers 7 and 8 in Mod 0006 when read together. Are you requiring that the cover letter and judgements be submitted without revision but as components of the newly submitted revised response? Or, are we permitted to revise information in the cover letter and judgement sections of Section A and submit with revision marks and as a clean version?

RESPONSE: Amendment 0005 clearly states what must be submitted.

Where information has changed in certain parts of our previously submitted RFP, for example contact information in the DRP, are we to submit the old information as originally submitted, or may we update those sections appropriately, though they are not permitted to be updated in Mod 0005? In many cases this information has been updated already since the RFP submission. That is, because we have been directed to submit complete RFPs, and because changes have occurred in other areas, we will be in some cases submitting outdated information if we follow the explicit direction of Mods 0005 and 0006?

RESPONSE: Amendment 0005 clearly identifies what is required for submission.

After reviewing Amendment 6, it is still unclear to us if the new requirements for Section A from Amendment 5 replace the Section A requirements from the original RFP or are in addition to those requirements. Our understanding is that we are required to submit the following:

1. A complete, clean Section A, including a new 1-page cover letter, new negative judgments, new 10-page management plan (based on the 7 new requirements only, not the original requirements), new resumes for key personnel, and incentive plans; and

2. A complete, redlined version of Section A.

Is that correct?

RESPONSE: Amendment 0005 clearly identifies what must be submitted.

Number 7 of the management plan requires the number of “debt collection-related complaints received within the last three years”. To ensure that all offerors’ reported statistics are comparable, please define the nature of an interaction with a borrower that would be considered a “complaint”. For example, would a complaint be limited to situations where a borrower asserts to have been treated unfairly, or where they asserted that the offeror acted in a deceptive, fraudulent, abusive or other improper manner? Or would the definition be extended to situations, for example, where a borrower may complain because they do not like the resolution options available to them, the balance of their obligation, or other situations not within the offeror’s control?

RESPONSE: This is not a change in Amendment 0005. This was required in the original solicitation in the QCP.

In Section B.3 of the Solicitation, the Total Estimated Price line items add up to $400,000,000.

On page 3 of Amendment 5, the paragraph after the Contract Line Items table references an IDIQ contract maximum ceiling as $800,000,000. In presentation of the small business participation plan per Section D of the Solicitation, which contract value should an Offeror use to calculate the dollar values of its proposed small business participation?

RESPONSE: It is up to the Offeror to determine what to use.

In Section B.3 of the prior Solicitation, the total contract value across all awardees combined was quoted as $2.8 billion, and the Offerors were required to make certain assumptions regarding an individually awarded contract value to calculate the dollar values associated with its small business participation plan. If an Offeror’s previously submitted small business participation plan was based on a percentage of the ultimate awarded contract value, is it required that the Offeror revise its small business participation plan to reflect the new contract values as stated in Section B.3 of the Solicitation (page 3 of Amendment 5), or is it acceptable that the previously submitted plan is based on a percentage of the ultimate contract value?

RESPONSE: Amendment 0005 clearly identifies what must be submitted.

Will ED be re-evaluating Offerors’ Small Business Participation Plan and Small Business Subcontracting Plan during this evaluation period?

RESPONSE: This is not a change under Amendment 0005.

If edits are made to Offerors’ previously deemed acceptable Small Business Participation Plan and Small Business Subcontracting Plan, and there are no material changes to ED’s stated goals/participation, will the plans be subject to review and evaluation?

RESPONSE: Yes

If Offerors’ Small Business Participation Plan and Small Business Subcontracting Plan were deemed acceptable in the previous evaluation period, should the expectation be that if no changes are made to the plans, they will still be considered acceptable RESPONSE: Yes

Will ED permit offerors to revise their prior “negative judgments” responses to address statements and findings made by the GAO in its March 27, 2017 Decision?

RESPONSE: Yes if required.

How will the Amendment responses be evaluated for award?

RESPONSE: This is not a change under Amendment 0005.

Should offerors only describe policies to mitigate/prevent fraud specifically as it relates to employee performance incentive programs?

RESPONSE: Offerors should provide information on the program as well as policies to mitigate /prevent fraud.

FSA made significant changes to the contract value in Amendment 5. In the original subcontracting plan, Offerors submitted commitments in terms of % and dollars of contract value. With the updated contract value in Amendment 5, if an offeror opts not to revise its subcontracting plan (is not required under Amendment 5), will its subcontracting commitments under the new evaluation be based only on its proposed percentage of contract value, or would the dollar amounts need to be recalculated based on the new published contract value therefore requiring a re-submission of the plan?

RESPONSE: Amendment 0005 identifies what must be submitted.

Requirements for the Management Plan are completely different than in the last version of the RFP. Should offerors submit their previous Management Plan redlined and replaced with a new Management Plan to address the new Management Plan requirements?

RESPONSE: Amendment 0005 clearly identifies what must be included in the Management Plan.

Do the changes FSA made to the Management plan in Amendment 5 replace the former Management Plan requirements or are they to be submitted in addition to the former Management Plan?

RESPONSE: Yes, this information replaces the previous Management Plan.

The Government’s answer to question 9 states “The Government is seeking a complete proposal submission …” Should offerors submit all section of the proposal, A-D, even if no revisions are made to some sections?

RESPONSE: Amendment 0005 identifies what must be submitted.

Will Negative Judgments stand alone in Section A, or are they to be included in the Management Plan and contribute to the 10 page limit.

RESPONSE: This is no change in Amendment 0005

Update Section C.3 (page 12) includes paragraph (i), which must be inserted after paragraphs (a) to (h) of the “basic clause”. Please provide the following clarification:

a. Are agencies required to include this clause in the revised response to the U.S.

Department of Education (ED) solicitation?

RESPONSE: Yes

b. If yes, specifically where in the response should agencies include the clause?

RESPONSE: It can be submitted separately as part of Section D.

2. Update Section E.1, Section A of Proposal (page 16) indicates, “Offerors are required to submit new management plans and key personnel resumes per the instructions below…” Does ED require that agencies remove and replace the original management plan with the new Items 1 through 7 provided in Amendment 0005?

RESPONSE: Yes

Update Section E.1, Section A of Proposal, Bullet 1 (page 16) indicates, “The Offeror shall provide the following information (including a mapping to the appropriate sections of the Quality Control Plan)…” Will ED permit agencies to map to other sections of the proposal, such as Section B of Proposal: Past Performance?

RESPONSE: It is up to the Offeror to decide what to submit.

Update Section E.1, Section A of Proposal, Bullet 1, Item 7 (page 17) indicates, “Employee performance incentive program details…if such plans exist.” Are agencies permitted to supply multiple plans, if separate plans have been established for collection associates, managers, etc.?

RESPONSE: Yes

5. Update Section E.1, Section A of Proposal, Bullet 2 (page 17) indicates, “If the Offeror elects to provide qualifications for specific individuals, the focus of that information should be on how such individuals’ qualifications are indicative of the person’s potential for success in performing the specific tasks for which the person is proposed. For example, evidence of successful performance by the person in a relevant/similar role, as opposed to such individual’s educational background, would presumably be more probative of their potential for success in performance. Offerors are reminded of the requirement to alert FSA should any one of the individuals they elect to specifically identify in their proposal become unavailable. Prior to award, FSA will require validation from all prospective awardees that the persons identified in their proposals remain available. Lack of availability may result in exclusion of the offeror from the competition.” Please provide the following clarification:

a. Are agencies required to include this information as part of the management plan as Item 8?

RESPONSE: No; As stated above, “if the Offeror elects” and if submitted, it must be part of the Management Plan

b. If yes, does this information count toward the 10-page limit for the management plan?

RESPONSE: Yes

Please confirm that you expect the flow of Section A to be all requirements from RFP ED-FSA- 16-R-0009, plus the seven new requirements from Amendment 5. If so, what is the total page count allowed to address the combined requirement? 10 pages for the original requirements plus 10 pages for the new requirements for a total of 20 or 10 total for everything?

RESPONSE: The total page allowance is 10 pages and you must submit information for the seven new requirements.

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